Permitting – Pebble Watch

Lawsuits, legislation and finances: Pebble news roundup

admin — Wed, 31 Jul 2024 00:00:00 +0000

In April 2024 the U.S. Army Corps of Engineers (Corps) reaffirmed that it wouldn’t issue a key permit for the Pebble project. The decision culminated a years-long appeals process that followed the Corps’ initial 2020 decision to deny developers a Clean Water Act (CWA) 404 permit. In January 2023, the EPA released a Final Determination imposing restrictions and prohibitions at the Pebble…

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Could Chevron decision affect Pebble mine?

admin — Tue, 30 Jul 2024 00:00:00 +0000

In June 2024, the U.S. Supreme Court overruled a longstanding precedent called “Chevron deference” that had given federal agencies a lot of authority for how they implemented complex laws like the Clean Water Act. The Court took this action in a case entitled Loper Bright in which the Court reviewed an interpretation of the Magnuson-Stevens Act by the National Marine Fisheries Service.

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EPA Action Determinative – Pebble Permit Denial Affirmed

admin — Thu, 18 Apr 2024 00:00:00 +0000

Nearly a year ago, the Alaska District of the U.S. Army Corps of Engineers (Corp) was tasked with reviewing portions of its denial of a key Clean Water Act 404 permit for the Pebble project. This week the Corps announced that its decision makers could not issue Pebble a permit since the EPA has already prohibited/restricted the area from development. In light of this, the Corps did not conduct…

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Northern Dynasty Minerals and State of Alaska sue over federal protections at Pebble deposit site

admin — Wed, 27 Mar 2024 00:00:00 +0000

In March 2024, both Northern Dynasty Minerals (NDM, owner of Pebble Limited Partnership) and the State of Alaska brought lawsuits against the federal government related to its 2023 decision to establish prohibitions/restrictions on certain mining activity near the Pebble mine deposit. Overturning EPA’s Final Determination NDM’s priority case, filed in Federal District Court in…

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EPA began 404(c) process to protect Bristol Bay aquatic resources ten years ago

admin — Wed, 27 Mar 2024 00:00:00 +0000

Ten years ago, the U.S. Environmental Protection Agency announced its intent to initiate a process under the Clean Water Act Section 404(c) to restrict discharge of dredged or fill material associated with mining activity at the Pebble deposit. The 404(c) process gives the EPA “veto authority” on projects that are considered to have unacceptable adverse impacts to aquatic resources.

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U.S. Army Corps in holding pattern on Pebble

admin — Fri, 01 Dec 2023 00:00:00 +0000

The U.S. Army Corps of Engineers (Corps) Alaska District obtained another extension on its deadline to develop a plan for how it will review portions of its denial of a key Clean Water Act 404 permit. After that November 2020 denial, the Pebble Limited Partnership (PLP) appealed to the Corp’s Pacific Ocean Command, which determined that some of Pebble’s arguments had merit – and that the Alaska…

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Army Corps again pushes back date for determining how it will respond to Pebble appeal review

admin — Fri, 06 Oct 2023 00:00:00 +0000

In April 2024 the Alaska District of the U.S. Army Corps of Engineers (Corps) was given a unique task: look over portions of its November 2020 denial of a Clean Water Act 404 permit that effectively stopped development of the Pebble prospect in Bristol Bay. Pebble developers had appealed that decision to the Pacific Ocean Division (POD) of the Corps, which determined that five of their…

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Next steps in the Pebble Army Corps appeal

admin — Mon, 24 Jul 2023 00:00:00 +0000

It’s been nearly three months since the Pacific Ocean Division (POD) of the U.S. Army Corps of Engineers told the Alaska District it would have to revisit portions of its November 2020 decision to deny Pebble mine developers a key Clean Water Act 404 permit. Pebble developers had appealed the Alaska District’s decision in January 2021 and personnel from the Corps’ Northwest District…

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Connect with agencies on federal and state permitting issues

admin — Fri, 21 Apr 2023 00:00:00 +0000

There are two opportunities for the public to learn more or give input on permitting that affects development projects in Alaska. The State of Alaska has been looking into the benefits of taking over Clean Water Act Section 404 permitting from the federal government. Governor Dunleavy has requested funding from the state legislature to begin implementing the takeover.

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Appeal of permit denial submitted by Pebble Partnership and the State of Alaska

admin — Sat, 23 Jan 2021 00:00:00 +0000

The Pacific Ocean Division (POD) of the U.S. Army Corps of Engineers has received requests for appeal from the Pebble Limited Partnership (PLP) and the State of Alaska, according to a spokesman from the POD. The appeal follows a November 2020 decision by the Corps’ Alaska District to deny PLP a major permit necessary to build the Pebble mine. Earlier this week parent company Northern…

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