Governor Dunleavy Nominations Graphite Creek Project to Fast-41 Permitting

 

Hot Springs Creek Below the Proposed Graphite One Mine Site

Due to Alaska Governor Mike Dunleavy’s nomination of Graphite Creek project in the remote Kigluaik range north of Nome, as a high-priority infrastructure project, as eligible for new legislation intended to fast track the permitting process for transportation projects. Title 41 of the Fixing America’s Surface Transportation Act, (Fast-41) adopted by Congress during the Obama administration which was intended to be a surface transportation reauthorization focusing on highway, transit, and rail programs. The Act establishes a new Federal Permitting Improvement Steering Council (FPISC), authorized to stream line the NEPA process including elimination of public review and comment. Due to the unprecedented authority provided to the Council, until now, the Act has traditionally been applied only to Infrastructure and transportation Projects.

However, mining companies and the Trump administration have been pressuring FPISC to include mining as a sector under the Act. According to the mining industry magazine Critical Minerals Alaska 2020, “a federal entity meant to provide a one-stop-shop capable of coordinating permits across different federal agencies, thereby streamlining and shortening the overall process for large infrastructure projects that are eligible for the program.  Mining projects that supply the materials needed for the energy, communication, and transportation infrastructure in the U.S. may be eligible for Fast-41.” [1] If the proposed Graphite One Mine is included into Fast-41, Critical Minerals Alaska 2020 says it “could help reduce the seven to 10 years it takes the average large mining project in the U.S. to get through the permitting process.”[2]

The sudden surge in the mining of graphite and other precious minerals in Alaska results from a dramatic increase in demand for batteries, solar power, computers, and other high-tech products that require such minerals. For instance, graphite is a significant component of the lithium-ion batteries used for electric cars and some renewable energy systems. According to the World Bank , due to the growing global interest in such cars and energy, the demand for graphite, lithium, cobalt, and other battery metals could increase by nearly 500 percent by 2050.[1] The report says that, “[g]raphite demand increases in both absolute and percentage terms since graphite is needed to build the anodes found in the most commonly deployed automotive, grid, and decentralized batteries. ” Similarly, according the United States Geological Survey, there are currently no graphite mines in the United States, requiring American battery and other manufacturers to import 58,000 metric tons of graphite during 2019.[2]  According to CMA2020, with “5.7 million metric tons of quality graphite outlined so far, Graphite One Inc.’s Graphite Creek deposit in Northwest Alaska could provide a reliable domestic supply of graphite to North America’s burgeoning lithium-ion battery sector.” [3]

[1] Shane Lasley, High priority Alaska REE, graphite projects Gov nominations elevate mine projects to Fast-41 permitting, p. 6-7, High priority Alaska 2020 (November 2, 2020).

[2] Ibid.

[3] Shane Lasley, Western Alaska deposit could feed graphite into supply chain, Mining News, CRITICAL MINERALS ALASKA, pp. 28-29 (2020)

Removal of Protections of Salmon Habitat in Bristol Bay Surrounded by Controversy

 

Stating that by withdrawing safeguards for Bristol Bay in order to pave the way for development of the Pebble Mine, “the [Environmental Protection Agency] has handicapped its own scientists’ ability to protect a place” that the agency itself, has described, as having “unparalleled ecological value, boasting salmon diversity and productivity unrivaled anywhere in North America,” several groups representing Bristol Bay tribes and fishermen filed a lawsuit in federal district court in Anchorage in an effort to force the agency to restore the protections.

The Plaintiffs, including the United Tribes of Bristol Bay, Bristol Bay Native Association – a consortium of 31 tribes, the Bristol Bay Regional Seafood Development Association and Bristol Bay Reserve Association, two groups representing fishermen, and the Bristol Bay Economic Development Corp., a nonprofit promoting economic growth, have asked the federal district court in Anchorage to decide that the revocation of the 2014 determination made under the Clean Water Act, was arbitrary and capricious. The 40-page complaint states that, in withdrawing the 2014 proposed determination, EPA “failed to consider the substantive findings it made in support” of the determination that the Mine could cause significant harm to the environment.

According to Ralph Andersen who is the chief executive of BBNA, regarding the lawsuit, the Trump “administration not only broke the law, it made clear that local people have no voice in the management of our rivers, our streams and wetlands,… But the people of Bristol Bay are not pushovers.”

Shortly after the lawsuite was filed, Earthworks, a Washington-based advocacy group, filed a complaint with the New Jersey Bureau of the Securities and Exchange Commission to investigate related to Northern Dynasty Minerals Ltd. – the Pebble Mine parent company possible insider trading. According to the complaint there was flurry of stock trades and communication in the days prior to the decision to revoke EPA’s section 401© certification that substantially improved the prospects for the Mine as indicated by price of the company’s stocks raising dramatically after the EPA’s decision was publicly announced last summer. A spokesman for Northern Dynasty called the allegations “entirely false and without merit” and denied any wrongdoing by the company.