EPA Should Veto Pebble Permit

In 2017, the US Army Corps of Engineers released the Draft Environmental Impact Statement (DEIS) to develop the world’s largest copper mine in the Bristol Bay watershed, located in the sensitive headwaters of Bristol Bay in Southwestern Alaska. The Mine which is proposed by the foreign-based Pebble Limited Partnership would destroy several miles of streams which are critical the largest sockeye salmon fishery in the world and upon which twenty-five federally recognized tribal governments depend for subsistence. In compliance with the National Environmental Policy Act, the Corp was chartered with drafting the EIS to analyze in detail, the environmental impacts of proposed projects.

Next to the Project Chariot when, in the 1950s, the United States Atomic Energy Commission proposed to detonate an atomic bomb off the coast of the Chukchi Sea in order to create harbor there, the Pebble Mine could be the most contentious industrial development activity ever proposed in Alaska. Due to its potential impact on water and salmon resources, it risks the economic and cultural lifeblood of the region. As a result, the mine is opposed not only by 80 percent of Bristol Bay’s residents but also by a broad spectrum of entities that include commercial fishermen, businesses, sportsmen, and conservation groups.

Yet, despite the fact that public citizens, commercial interests, tribes, conservation organizations, and even an international mining corporation oppose this environmentally and economically disastrous Mine, the Corps under the Trump Administration, established a flawed NEPA analysis in its rush to permit it. As a result, the Pebble Mine has been referred to by the conservation community as “quite simply one of the most reckless Projects anywhere in the world today.” Last year, when opening the Oversight Committee hearings regarding the mine, Congressman Peter DeFazio, Chairman of the House Transportation and Infrastructure Committee, called it “an abomination” and stated that “the Pebble Mine proposal is a bad idea made even worse by the sham review process currently underway.”

Under the current proposal and future development plans, the mine would be so destructive to the environment and the Alaska economy that there has been a consistent pattern of major investors walking away from the project once they understand the overwhelming opposition and unavoidable environmental and economic risks. The fourth major firm to abandon the project since 2011, First Quantum Minerals Ltd., which had provided $37.5 million upfront and pledged $150 million over the following three years to fund the permitting process in exchange for a 50 percent share, pulled out in late May of 2018.

When the Final EIS for the project was released last month, a string of politicians, and other public figures came out in opposition to Pebble. For the first time cracks in the Trump Administration’s relentless anti-environmental regulatory strategy arose when Donald Trump, Jr. tweeted “As a sportsman who has spent plenty of time in the area I agree [that] the headwaters of Bristol Bay and surrounding fishery are too unique and fragile to take any chances with…Pebble Mine.” Similarly, long time extraction industry supporter, Alaska Senator Dan Sullivan, who after reviewing the Final EIS stated:

“… I am increasingly concerned that the final EIS may not adequately address the issues identified in the draft EIS regarding the full risks of the project as proposed to the Bristol Bay watershed and fishery… These processes should also not be rushed or fast-tracked, especially given the size and complexity of this particular project.”

While Sen. Sullivan, however, has expressed concern for the obviously flawed EIS process, so far, he is not off the fence yet as indicated by his statement that “While it is a major step in the permitting process, it must be emphasized that the Final EIS is not a decision document. The final EIS for the Pebble Mine is the first step in a long, demanding permitting process….”

In 30 years of working in the area of environmental law and policy, however, unless stopped by a lawsuit or legislation, I can’t remember a single project that was not given the go-ahead after it was recommended in a Final EIS.

When the FEIS was released on July 24, there are now, less than a couple of weeks remaining before the final decision on the permit and for the Environmental Protection Agency to veto the project. Dan Sullivan and other politicians need to take a firm stand and pressure the agency to do just that.