|
If finalized, this action sets a dangerous precedent. It vetoes a permit that has not been issued and imposes a blanket prohibition on development over 309 square miles of Alaska-owned land. Alarmingly, it lays the foundation to stop any development project, mining or nonmining, in any area of Alaska with wetlands and fish-bearing streams.
“The State of Alaska has the duty, under our constitution, to develop its resources to the maximum in order to provide for itself and its people, so it’s important that any and all opportunities be explored in furtherance of this idea,” said Governor Dunleavy. “The recent decision on the Pebble mine, which is solely located on State land, is the wrong decision. The State of Alaska does resource development better than any other place on the planet and I challenge others to prove that wrong. Our opportunities to show the world a better way to develop our resources should not be unfairly pre-empted by the Biden administration under a solely political act. This sets a very troubling precedent for the State and the country. If this goes unchallenged, this issue will become precedent-setting, potentially for other states as well.”
“This is an incredible power for a federal agency—staffed by unelected officials, unaccountable to Alaskans—to have,” said Jason Brune, Commissioner of the Alaska Department of Environmental Conservation.
The Governor noted several flaws in the veto’s supporting documents. One is the veto’s prematurity: project plans are still working through the established permitting process, which the Army Corps of Engineers oversee. At this juncture, Alaska’s State agencies—the Alaska Department of Fish and Game, the Alaska Department of Environmental Conservation, and the Alaska Department of Natural Resources—have not yet weighed in; through the State permitting process, the State’s 401 certification process, or through State input as a landowner.
The veto disregards the Alaska Statehood Act, violates the Clean Water Act, and departs from basic scientific methodology. Of particular concern is EPA’s failure to demonstrate why the Army Corps of Engineers was wrong when it reviewed the same scientific data but arrived at the opposite conclusion—that the proposed mine plan “would not be expected to have a measurable effect on fish numbers or result in long-term changes to the health of the commercial fisheries in Bristol Bay.”
The State of Alaska was joined by Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Montana, Nebraska, South Carolina, Texas, Utah, West Virginia, and Wyoming in a letter of opposition filed concurrently with the Governor’s. “Decisions like these,” the States emphasized, “throw a wild card into the entire 404 permitting process.”
Additionally, united by a desire for greater predictability in the 404 permitting process, the Western States Water Council, representing 18 states and accountable to the Western Governors’ Association, passed a resolution urging EPA to adhere to established procedure, meaningfully consult with affected States, and adequately document its rationale before exercising the 404(c) veto power.
Calling EPA’s decision “legally indefensible,” Attorney General Treg Taylor indicated that his office would defend Alaska’s rights in court should EPA proceed with finalization.
“Rest assured, my Administration will stand up for the rights of Alaskans, Alaska property owners, and Alaska’s future,” said Governor Dunleavy.
The full text of Governor Dunleavy’s Comments and the Multi-State Opposition Letter is available in the links below and also available on the Department of Environmental Conservation’s website.
Related News:
Bristol Bay Tribes Urge EPA to End the Threat of Pebble Mine ; EPA’s “Recommended Determination” follows extensive public support for durable protections for Bristol Bay and a record-breaking fishing season - On December 01, 2022, the Environmental Protection Agency (EPA) issued a “Recommended Determination” detailing potential Clean Water Act protections for Bristol Bay that could address the threat of the Pebble Mine. - More...
Sunday - December 04, 2022EPA Takes Next Step in Consideration of Protections for Bristol Bay - On December 1, 2022, EPA Region 10 Regional Administrator Casey Sixkiller transmitted to EPA’s Office of Water Assistant Administrator Radhika Fox, a Clean Water Act Section 404(c) Recommended Determination to prohibit and restrict the use of certain waters in Alaska’s Bristol Bay watershed as disposal sites for certain discharges of dredged or fill material associated with developing the Pebble Deposit. - More...
SitNews - December 04, 2022
On the Web:
Recommended Determination for Pebble Deposit Area: On December 1, 2022, EPA Region 10 Regional Administrator Casey Sixkiller transmitted to EPA’s Office of Water Assistant Administrator Radhika Fox the following Clean Water Act Section 404(c) Recommended Determination to prohibit and restrict the use of certain waters in the Bristol Bay watershed as disposal sites for certain discharges of dredged or fill material associated with developing the Pebble Deposit.
- Executive Summary: Recommended Determination, Pebble Deposit Area, Southwest Alaska (pdf) (12.63 MB, December 2022)
- Recommended Determination, Pebble Deposit Area, Southwest Alaska (pdf) (53.65 MB, December 2022)
- Federal Register Notice of Proposed Determination (May 26, 2022); Public Comments Docket
Alaska Opposes EPA 404(c) Veto (PDF): Alaska opposes EPA’s proposal to unilaterally and preemptively veto mining on state-owned lands. EPA disregards the robust, science-based permitting programs ensuring mining is conducted in an environmentally sound manner and would rob Alaskans of significant economic opportunity.
Edited/Published By: Mary Kauffman, SitNews
Source of News:
Office of Alaska Gov. Michael Dunleavy
www.gov.alaska.gov
Representations of fact and opinions in comments posted are solely those of the individual posters and do not represent the opinions of Sitnews.
Send a letter to the editor@sitnews.us
SitNews ©2022
Stories In The News
Ketchikan, Alaska
Articles & photographs that appear in SitNews are considered protected by copyright and may not be reprinted without written permission from and payment of any required fees to the proper freelance writers and subscription services.
E-mail your news & photos to editor@sitnews.us
Photographers choosing to submit photographs for publication to SitNews are in doing so granting their permission for publication and for archiving. SitNews does not sell photographs. All requests for purchasing a photograph will be emailed to the photographer.