Trump administration denies permit to controversial Pebble Mine proposal in Bristol Bay WatershedBy MARY KAUFFMAN
November 30, 2020
The Pebble project is a proposed open-pit, large-scale mine in the Bristol Bay region of southwest Alaska. Earlier this summer, the Army Corps determined the project would impact several thousand acres of wetlands and waters and roughly 120 miles of streams in the Koktuli River Watershed. The Army Corps determined the project “cannot be permitted” as proposed and directed Pebble to submit a plan for in-kind and other compensatory mitigation within 90 days. Pebble reportedly did so, but the agency found that the project remained “contrary to the public interest” and therefore denied the permit. The U.S. Army Corps of Engineers’ denial concludes the permitting process on the application submitted by the Pebble Partnership in December 2017. “For the United States to turn its back on an opportunity to develop these minerals here at home in a manner that US regulators have agreed is environmentally safe and responsible, and to do so for purely political reasons, is not just short-sighted,” said Northern Dynasty President & CEO Ron Thiessen. “It’s self- destructive.” Northern Dynasty Minerals Ltd. announced that on November 25, 2020, its 100%-owned, US-based subsidiary Pebble Limited Partnership received formal notification from the US Army Corps of Engineers (USACE) that its application for permits under the Clean Water Act and other federal statutes was denied. The lead federal regulator found Pebble’s ‘compensatory mitigation plan’ as submitted earlier this month to be ‘non-compliant’, and that the project is ‘not in the public interest’. Northern Dynasty called the decision politically motivated and said it is fundamentally unsupported by the administrative record as developed by the USACE through the Environmental Impact Statement (“EIS”) process for the Pebble Project. Northern Dynasty confirmed that the Pebble Partnership will appeal the USACE permitting decision within the 60-day window provided for it to do so. Quoting a news release from Northern Dynasty Minerals Ltd., "Presiden-elect Biden's campaign recently said his administration would support boosting domestic production of copper and other metals necessary for the production of clean and renewable energy technologies, and a transition to a lower carbon future.” The Corps announced in August that the project could not be permitted “as currently proposed” and required Pebble Limited Partnership to create a new compensatory mitigation plan. Since then, technical experts concluded that it would be nearly impossible for the company to meet those mitigation standards. In the meantime, Pebble’s reputation took a hit with the release of the Pebble Tapes, which led to CEO Tom Collier’s resignation. Executive Director of the Alaska Wilderness League Adam Kolton said, “The Pebble Mine was always the wrong mine in the wrong place. The fact that President Trump resurrected and promoted it prior to the U.S. Army Corps of Engineers ultimately denying the permit isn’t worth dwelling on. What matters today is that the world’s most productive salmon fisheries are safer and the tribes, fisherman and communities that depend on a healthy Bristol Bay can breathe a sigh of relief." Kolton said, “The credit for this victory belongs not to any politician but to Alaskans and Bristol Bay’s Indigenous peoples, as well as to hunters, anglers and wildlife enthusiasts from all across the country who spoke out in opposition to this dangerous and ill-conceived project. We can be thankful that their voices were heard, that science counted and that people prevailed over short-term profiteering.” SalmonState executive director Tim Bristol commented saying, “Sometimes a project is so bad, so indefensible, that the politics fall to the wayside and we get the right decision. That is what happened today. But denial of a permit does not mean Bristol Bay is safe from the threat of the Pebble Mine. The critical next step is to reestablish the Clean Water Act protections for America’s greatest salmon fishery — protections that should have never been done away with in the first place. This can and should be an early priority for the Biden Administration.” Quoting a joint news release from U.S. Senators Lisa Murkowski (R-AK) and Dan Sullivan (R-AK), while staunch advocates of mining in Alaska, stated they oppose the project and voiced their strong support for the Army Corps’ decision to deny the permit. Murkowski and Sullivan both have worked to ensure that federal decisionmakers are aware of Alaskans’ views on the project. Earlier this month, Murkowski included report language in her Interior-EPA Appropriations bill urging the Army Corps to deny Pebble’s permit if the project did not “provide a full and functional compensatory mitigation plan that meets all requirements within the Corps’ requested 90-day timeframe.” “After years of review and analysis, the Army Corps has found that this project is ‘contrary to the public interest,’ ending consideration of its permit application and affirming that this is the wrong mine in the wrong place. I thank the agency and the broader Trump administration for completing a rigorous, impartial, and science-based process to determine the best course of action,” Murkowski said. Murkowski said, “This is the right decision, reached the right way. It should validate our trust and faith in the well-established permitting process used to advance resource development projects throughout Alaska. It will help ensure the continued protection of an irreplaceable resource – Bristol Bay’s world-class salmon fishery – and I hope it also marks the start of a more collaborative effort within the state to develop a sustainable vision for the region.” “I welcome the Army Corps’ Record of Decision to deny the permit,” said Senator Sullivan. “The Pebble Limited Partnership had its opportunity to present a project that could meet the high environmental standards in Alaska that we demand. [November 25, 2020], the Army Corps has made the correct decision, based on an extensive record and the law, that the project cannot and should not be permitted." Sullivan said, " Resource development is one of the key industries that drives Alaska’s economy and provides thousands of hard-working Alaskans with good-paying jobs and opportunity for the future. I will continue to be a strong advocate for these resource-development jobs and economic opportunities in our state. However, given the special nature of the Bristol Bay watershed and the fisheries and subsistence resources downstream, Pebble had to meet a high bar so that we do not trade one resource for another. As I have been saying since August, Pebble did not meet that bar and, accordingly, the Corps rightly denied the permit. Throughout this process, I’ve emphasized to senior federal officials and Alaskans that this decision needed to be based on science and data, not politics. I want to thank the Army Corps and the Trump administration for acting accordingly, giving this permit a fair hearing through the regular process, and ultimately following the law and the record to deny the permit.” Congressman Don Young (R-AK) said, “From the very beginning of the debate surrounding Pebble Mine, I have been consistent in my position that we needed to allow the process to play out and that decision making should be based on sound science. Today, it appears that the process has concluded. This is state land, and to me, this has always been a states' rights issue. Although I thank the Army Corps of Engineers for their work and am confident that they faithfully followed the process, I remain disappointed that the federal government gets to decide before Alaskans do. Now there must be a consideration of how the federal government will compensate the State for the loss of economic potential. The proposed mine has always been subject to political intrigue and the whims of outsiders who simply do not understand our state. Throughout my career, I have always defended our right to extract oil and minerals responsibly. Going forward, I will continue fighting to ensure that proposed projects are fairly judged on their merits, so that the voices of outside extremists do not stifle Alaska's potential for jobs and economic growth.” Alaska House Speaker Bryce Edgmon (I-Dillingham), whose district encompasses Bristol Bay, released a prepared statement saying, “I strongly support resource development in Alaska but adamantly believe projects should be done the right way. That requires meaningful local engagement and buy-in. We thank Senators Lisa Murkowski and Dan Sullivan and others within the federal government for standing up for Bristol Bay against the proposed Pebble Mine.” Alaska House Rep. Louise Stutes (R-Kodiak) also released a prepared statement regarding the decision saying, “It's nice to see such an important decision from the federal government in response to the broad recognition of the value of the Bristol Bay's pristine wilderness and world-class salmon fishery to Alaska, the United States, and the world.” “Bristol Bay is a pristine international ecological treasure and today’s decision will ensure that it remains that way,” said Collin O’Mara, president and CEO of the National Wildlife Federation. “We are grateful to the administration and the Army Corps of Engineers for defending one of the world’s most important salmon fisheries and the tens of thousands of jobs it supports.” According to the National Wildlife Federation, the Pebble Mine project would have been one of the largest mines on earth and could have harmed or destroyed more than 100 miles of streams and 3,000 acres of wetlands. Twenty-five tribal communities depend on Bristol Bay for their economies and way of life. The decision by the Army Corps is a significant milestone. It is now incumbent on the Environmental Protection Agency to take the next step and ensure the long-term protection of this incredible ecosystem. “The Corps’ denial of the permit for the Pebble Mine is a victory for common sense,” said Chris Wood, president and CEO of Trout Unlimited. “Bristol Bay is the wrong place for industrial-scale mining, and we look forward to working with the people of the Bristol Bay region, Alaska’s Congressional delegation, the state, and other partners to permanently protect Bristol Bay and its world class fisheries.” “Thousands of us have looked forward to this day for well over a decade,” said Brian Kraft, owner of Alaska Sportsman’s Lodge, president of Katmai Service Providers and a Trout Unlimited business member. “The world-renowned spawning grounds of the Bristol Bay region are simply no place for large, industrial, open-pit mining operations. Kudos to this Administration for seeing this project for what it was—a half-baked and risky proposal that does not belong in the heart of Bristol Bay. This is a good day. We should all celebrate and be thankful today, and get ready to achieve long-term protections next.” “I am relieved and thankful,” said Nanci Morris Lyon, resident of King Salmon, Alaska, and owner of Bear Trail Lodge. “This is the right call. The message is as clear today as it ever was: Pebble is not welcome in Bristol Bay. Now we can work toward the future without the shadow of Pebble hanging over our heads. We look forward to working with our Senators to make sure this is lasting.” “Thank you to all who came together and made their voices heard to keep one of the world’s great watersheds pristine. Today, Bristol Bay, Alaska, is one step closer to being a protected American treasure that sustains local communities and industries and that outdoor enthusiasts can enjoy and experience for generations to come,” said Orvis President, Simon Perkins.
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