Photo courtesy of Dave McCoy.
SCOTUS Denies Alaska's Bid to Revive Pebble Mine… for now
The U.S. Supreme Court on January 8th rejected Alaska's bid to revive a proposed copper and gold mine that was blocked by the Environmental Protection Agency by appealing directly to the U.S Supreme Court.
Alaska still can try to reverse the decision through the more typical process, starting in a lower court and appealing any unfavorable decisions to the Supreme Court.
While the Supreme Court is not taking Alaska’s case directly, it is a certainty that Alaska will pursue another route.
From Northern Dynasty, the mine proponent:
"While it is a disappointing decision, it is important to note that this is not a comment on the arguments put forward by the state. We have long stated our belief that the EPA has acted outside of its regulatory authority and that remains our position today. The legal issues raised by the state will now work their way through the federal courts. We will also evaluate our legal options in contesting the extraordinary steps the EPA has taken to preemptively stop the Pebble Project. Pebble is an important project for Alaska and the nation. It could create jobs for Alaskans, provide an economic catalyst for the state and provide a much-needed source of critical minerals for the long-term safety and security of the United States."
From the United Tribes of Bristol Bay and the Bristol Bay Native Corporation:
“While it is, undoubtedly, great news that the Supreme Court declined to take the State of Alaska’s case directly, this means that the State and Northern Dynasty Minerals will need to go through the normal legal process to challenge EPA’s veto. Rest assured that they will do so starting at a lower federal court. The legal fight will still happen, and this reinforces the need for federal legislation that would permanently protect the broader Bristol Bay region from future mines such as Pebble. The sporting community has been a steadfast ally in this battle for decades, and we must remain vigilant.”
So Northern Dynasty and State of Alaska are not giving up and the legal fight is only beginning, not finished.
But something that can be done right now…
Immediate action is needed to retain protections on approximately 1.25 million acres of land in the Bristol Bay region
Across Alaska, the Bureau of Land Management is weighing options on the future of 28 million acres of D-1 lands, including those acres in Bristol Bay. These lands have been protected for over 50 years and if the protections were lifted, we will not get them back.
Take action! Comment period on the Draft Environmental Impact Statement runs until February 14.
Businesses for Bristol Bay and Sportsman’s Alliance for Alaska has put together a toolkit and image library to help AFFTA members craft an action item that will engage your members/customers/fans/followers. Please use any of these assets to spread the word and help us generate comments.