Saving Seafood

Pebble mine developer does away with Washington lobbyists

January 25, 2022 — The company behind the proposed Pebble mine in Alaska has been saying goodbye — for now — to its lobbyists in Washington.

Pebble LP once had a large team of lobbyists fighting to guarantee development of an enormous copper and gold development near southwest Alaska’s Bristol Bay, home to the nation’s strongest salmon fishery.

That was before the company lost a key fight during the Trump administration, when the Army Corps of Engineers in 2020 rejected Pebble’s application to build the mine. And the Biden administration has since restarted a Clean Water Act veto process that could prevent any large-scale mining near Bristol Bay (Greenwire, Sept. 9, 2021).

Pebble didn’t lobby Congress or agencies on any issues during the last six months of last year and spent no money on federal lobbying efforts during that period, according to disclosures filed last week by firms the company had retained.

In the last year, Pebble has terminated contracts with BGR Government Affairs, Ballard Partners, Buchanan Ingersoll & Rooney, and Windward Strategies, disclosures show. Some big names were representing Pebble through those firms, including former Mississippi Gov. Haley Barbour (R) at BGR and Brian Ballard, a major ally and fundraiser for former President Trump.

Read the full story at E&E News

EPA looks to place permanent protections on Bristol Bay by 2022

November 24, 2021 — The U.S. Environmental Protection Agency has placed dates on the timeline to reinstate Clean Water Act protections on Alaska’s Bristol Bay, with a Federal Register notice posted on Wednesday, 17 November, naming a date of 31 May, 2022, for the finalization of the safeguards.

Permanent protections of the bay are critical to protect its robust salmon fishery, which is projected to produce 71 to 75 million salmon returns in 2022, Bristol Bay Regional Seafood Development Association Board President Michael Jackson said.

Read the full story at National Fisherman

Heydays of Bristol Bay, Alaska: Pushing back on Pebble

November 19, 2021 — We’ve got the most sustainable fishery in the world,” said Michael Jackson, board president of the Bristol Bay Regional Seafood Development Association on Thursday in Seattle. “We didn’t do anything to earn that. But it’s there.”

Jackson spoke on behalf of the Alaska fishing organization for a Pacific Marine Expo panel discussing the future of Bristol Bay’s salmon fishery and the increasing hopes that locals, fishermen and other stakeholders may be able to put a wrap on threats from the proposed Pebble Mine.

News this week that the EPA put dates on the time line to reinstate Clean Water Act protections propelled the hopeful vibe at this standing Expo session, along with a robust projection for 71 million to 75 million salmon to return to the bay in 2022.

Read the full story at National Fisherman

 

New court ruling clears path for Bristol Bay Clean Water Act protections

November 1, 2021 — Bristol Bay fishing advocates say a federal court ruling Friday enables the U.S. Environmental Protection Agency to restart a process to protect the bay watershed from plans to develop the Pebble Mine under the federal Clean Water Act.

The order by U.S. District Court Judge Sharon Gleason in Anchorage came in response to a recent motion by the Pebble Limited Partnership and state of Alaska, asking the court to set a schedule for the EPA to either withdraw or finalize a 2014 proposal during the Obama administration that would have restricted mining and waste disposal.

Ruling in favor of the groups Trout Unlimited and SalmonState that filed as intervenors in the case, Gleason in her order stated “neither the retention of jurisdiction pending remand nor the establishment of an administrative timetable by the Court is warranted in this case,” remanding the matter to the EPA for action.

Read the full story at National Fisherman

NORTH CAROLINA: Environment commission to review coastal protection plan

August 26, 2021 — The North Carolina Environmental Management Commission is set to review next month the draft amendment to the Coastal Habitat Protection Plan, which is revised every five years to reflect changes in the status of habitat protection in the state.

Committee meetings begin at 9 a.m. Sept. 8 for the Air Quality Committee, Groundwater and Waste Management Committee and Water Quality Committee. The virtual, full commission meeting begins at 9 a.m. Sept. 9. The public is invited to attend the meeting online or by phone. Access the EMC meetings through the state Department of Environmental Quality website.

The commission when it meets remotely also will look at approving the 2021 Pasquotank River Basin Water Resources Plan and rule changes to address a permitting gap created by recent changes to Clean Water Act Federal Jurisdiction for wetlands in certain landscape positions.

The draft habitat plan 2021 amendment focuses on the following five priority issues:

  • Submerged aquatic vegetation, or SAV, protection and restoration through water quality improvements.
  • Wetland protection and restoration through nature-based solutions.
  • Environmental rule compliance to protect coastal habitats.
  • Wastewater infrastructure solutions for water quality improvement.
  • Coastal habitat mapping and monitoring to assess status and trends.

Read the full story at Coastal Review Online

Ninth Circuit Revives Fight Over Mining Plans in Pristine Alaskan Bay

June 18, 2021 — Home to the greatest wild salmon fisheries in the world, Bristol Bay in southwest Alaska also lies near prized natural resources long sought by a mining enterprise. To protect the pristine Alaskan frontier, the Obama administration’s U.S. Environmental Protection Agency sought to restrict a proposed mining operation in 2014 — a move later dumped by the Trump administration.

Conservationists sued, but a federal judge found the Trump EPA’s decision unreviewable and dismissed the case.

On Thursday, a Ninth Circuit panel ordered the case remanded to determine if the EPA’s about-face was “arbitrary, capricious, an abuse of discretion, or contrary” to federal law.

The legal history surrounding this pristine slice of Alaskan wilderness stretches back to 2014, when the EPA announced it would seek to restrict mining operations in Bristol Bay under the authority of the Clean Water Act. The proposed Pebble Mine operation would extract copper, gold and other minerals and would be the largest of its kind in North America. The operation’s toxic waste pits could sit at the headwaters to Bristol Bay, and any type of collapse would likely contaminate the region’s watershed.

But in 2019 the Trump EPA withdrew its proposed determination. Several lawsuits followed including a complaint filed by Trout Unlimited, a nonprofit advocacy group, in the District of Alaska. The group challenged the agency’s withdrawal decision as a violation of the Clean Water Act and the implementing regulations.

Read the full story at the Courthouse News Service

Pebble: Appeals Court revives case challenging EPA’s removal of watershed protection

June 18, 2021 — A panel of the 9th Circuit Court of Appeals has revived a lawsuit aimed at blocking construction of the Pebble Mine in Southwest Alaska.

The lawsuit, filed by environmental groups, tribes and other mine opponents, challenged a 2019 Environmental Protection Agency decision to remove protection for the Bristol Bay watershed.

U.S. District Judge Sharon Gleason ruled last year courts could not review the decision because the Clean Water Act did not specify what legal standard applied. The appeals panel agreed the law did not include that standard — but said EPA’s regulations do.

Read the full story at Alaska Public Media

Court revokes general permit for Washington shellfish growers

February 16, 2021 — A court in the state of Washington ruled in favor of a lawsuit to revoke the Clean Water Act general permit for the state’s shellfish farmers last week, shooting down an appeal by Pacific Coast Shellfish Growers Association (PCSGA).

The Center for Food Safety (CFS) and the Coalition to Protect Puget Sound filed the lawsuit against the U.S. Army Corp of Engineers last year, and in October of 2019 a federal court upheld the lawsuit, ruling the Corps’ Issuance of Nationwide Permit (NMP) 48 for shellfish farming unlawful.

Read the full story at Seafood Source

Mine developer to appeal US decision to reject Alaska permit

December 21, 2020 — A mine developer says it will appeal a Trump administration decision denying a permit to build a copper and gold mine in southwest Alaska.

Northern Dynasty Minerals President and CEO Ron Thiessen said in a statement Thursday that the government’s rejection was “without precedent in the long history of responsible resource development in Alaska,” the Anchorage Daily News reported.

The U.S. Army Corps of Engineers denied the company a permit in November, saying its plans to develop the mine were against the public’s interest and did not adhere to the Clean Water Act.

The proposed mine would have been built on state-owned land in the Bristol Bay region, near the world’s largest wild sockeye salmon fishery.

Read the full story at the Associated Press

ALASKA: Northern Dynasty to Appeal US Army Corps’ Pebble Decision

December 21, 2020 — Northern Dynasty Minerals (TSX: NDM; NYSE: NAK) said on Thursday its unit, Pebble Partnership, was preparing an appeal after the U.S. Army Corps of Engineers denied a key water permit for the proposed Alaska mine.

The company’s shares cratered nearly 50% last week after its US-based subsidiary received formal notification that its application for permits under the Clean Water Act and other federal statutes was denied.

Read the full story at Seafood News