Saving Seafood

EPA head says he’s ‘proud’ of decision to block Alaska mine and protect salmon-rich Bristol Bay

August 30, 2023 — The nation’s top environmental official said he fully supports his agency’s decision to block a proposed gold and copper mine in Alaska’s salmon-rich Bristol Bay, even as the state of Alaska has asked the U.S. Supreme Court to overturn that action.

“Let me be clear, we are very proud of our decision to really evaluate the Pebble Mine project and do what is necessary to protect Bristol Bay,” Environmental Protection Agency Administrator Michael Regan said in a telephone interview with The Associated Press on Tuesday as he began a four-day tour of Alaska, starting in a Bristol Bay village.

The EPA in January vetoed the proposed Pebble Mine, citing concerns with possible impacts on the aquatic ecosystem in southwest Alaska that supports the world’s largest sockeye salmon fishery. The region also has significant mineral resources.

Read the full article at the Associated Press

US Supreme Court deals blow to EPA’s reach under Clean Water Act

May 30, 2023 — The United States Supreme Court rolled back the U.S. Environmental Protection Agency’s ability to regulate wetlands under the Clean Water Act, ruling that the law only applies to wetlands that are indistinguishable from “waters of the United States.”

Environmental groups have condemned the court’s decision as a limitation on the ability of communities to protect waterways and the fish that live in them, but others argue that it’s a necessary curtailment of federal overreach and state bodies can better balance environmental protections and local needs.

Read the full article at SeafoodSource

OREGON: Oregon seafood processors claim that the state’s stringent wastewater regulations will ultimately compel them to shut down

May 26, 2023 — New regulations in the U.S. state of Oregon are concerning local seafood processors, who are worried they will be forced to treat wastewater to be cleaner than drinking water.

The West Coast Seafood Processors Association (WCSPA) said in an issue brief the regulations will force many of its members to close unless the state legislature intervenes.

“The Environmental Protection Agency (EPA) exempts seafood processors from these types of extreme limits,” WCSPA said “No other state in the United States – nor any other country in the world – has applied these requirements to seafood processors. Without immediate action by government leaders, Oregon’s seafood and commercial fishing communities are in jeopardy.”

In response, the Oregon Department of Environmental Quality (DEQ) said it is working with individual seafood processors on incremental improvements and is not trying to shut down the facilities.

“It is not DEQ’s intention … to put any seafood processor out of business,” DEQ Water Quality Administrator Jennifer Wigel said in testimony last month.

Read the full article at the National Fisherman

ALASKA: Army Corps to revisit parts of Pebble’s permit application, but opponents say mine can’t move forward

May 7, 2023 — The U.S. Army Corps of Engineers will reconsider certain aspects of the Pebble company’s permit application to build a large gold and copper mine at the headwaters of Bristol Bay. The 81-page report comes just three months after the Environmental Protection Agency vetoed the mine in a separate process.

“It’s a bit surprising and a bit confusing,” said Dennis McLerran, who worked as the regional EPA administrator during the Obama administration.

The EPA in January determined that the mine would have “unacceptable adverse effects on salmon fishery areas.” Using its powers under the Clean Water Act, it essentially vetoed the mine plan, and any future plan that would have a similar impact on the same waterways. Many opponents of the project hailed that as the final blow.

McLerran said the EPA decision nullifies any permit the Army Corps could issue.

Read the full article at the b Bristol Bay Times

ALASKA: Army Corps to revisit parts of Pebble’s permit application, but opponents say mine can’t move forward

May 1, 2023 — The U.S. Army Corps of Engineers will reconsider certain aspects of the Pebble company’s permit application to build a large gold and copper mine at the headwaters of Bristol Bay. The 81-page report comes just three months after the Environmental Protection Agency vetoed the mine in a separate process.

“It’s a bit surprising and a bit confusing,” said Dennis McLerran, who worked as the regional EPA administrator during the Obama administration.

The EPA in January determined that the mine would have “unacceptable adverse effects on salmon fishery areas.” Using its powers under the Clean Water Act, it essentially vetoed the mine plan, and any future plan that would have a similar impact on the same waterways. Many opponents of the project hailed that as the final blow.

McLerran said the EPA decision nullifies any permit the Army Corps could issue.

Read the full story at KYUK

Republicans vow EPA scrutiny in Pebble veto’s wake

February 1, 2023 — A top Senate Republican is promising to ramp up oversight of EPA’s Clean Water Act veto power after the agency used its authority to block a contentious gold and copper mine in Alaska’s Bristol Bay, home to a world premier salmon fishery.

Senate Environment and Public Works ranking member Shelley Moore Capito (R-W.Va.) blasted EPA’s final determination that barred waters within the Bristol Bay watershed from receiving dredge and fill. The federal action essentially killed the proposed mine.

Capito accused the agency of circumventing the agency review process and said upcoming talks on permitting reform legislation may address the issue. Capito and 38 other Republicans last year floated a bill called the “Simplify Timelines and Assure Regulatory Transparency (START) Act.”

“The environmental permitting process should have clear rules of the road, both for applicants and for the agencies to follow,” said the senator. “The EPA summarily denying an application before it is submitted sets a dangerous precedent for future economic development and infrastructure projects across the country.”

EPA stated considering vetoing Pebble during the Obama administration, before the mine had entered the permitting process. The Army Corps of Engineers denied a Clean Water Act Section 404 dredge-and-fill permit, but the company behind it appealed. EPA this week used its veto power over such permits to make sure the mine is never built.

Capito, a longtime critic of EPA’s history with vetoes, said her legislation would address retroactive decisions that have “negatively impacted West Virginia in the past” and said she will be “examining the agency’s use of prospective vetoes as well.”

Read the full article at E&E News

EPA decision on Bristol Bay draws criticism and praise

February 1, 2023 — The Environmental Protection Agency’s order limiting the use of some waters in Alaska’s Bristol Bay drew ire from Gov. Mike Dunleavy and praise from others.

The order prohibits using some waters in Alaska’s Bristol Bay as “disposal of dredged and fill material associated with developing the Pebble deposit in certain waters.”

The EPA is setting a dangerous precedent, Dunleavy said Tuesday.

“Alarmingly, it lays the foundation to stop any development project, mining or non-mining, in any area of Alaska with wetlands and fish-bearing streams,” Dunleavy said.

Read the full article at The Center Square

U.S. EPA’s move to block Pebble project in Alaska ‘unlawful’ – CEO

February 1, 2023 — The U.S. Environmental Protection Agency’s (EPA) decision to block the proposed Pebble copper and gold mining project near Alaska’s ecologically sensitive Bristol Bay watershed is “unlawful” and hurts the state, said the top boss of the mining project.

The EPA has moved to stop the company from storing mine waste at the watershed, home to important salmon species, including the world’s largest sockeye salmon fisheries that support critical wildlife and a multibillion-dollar industry.

Read the full article at Reuters

Some hope the EPA will veto Pebble Mine, a project that has long divided SW Alaska

January 27, 2022 — ARI SHAPIRO, HOST:

What would be one of the largest copper and gold mines in the world might never break ground. The EPA is expected to issue its final decision at the end of the month on the Pebble Mine in southwest Alaska. From member station KDLG, Izzy Ross reports.

ROSS: The EPA is exercising a rarely-used authority under the Clean Water Act, commonly called its veto authority. Agency officials declined to be interviewed for this story, but in a statement said the mine could harm fish spawning and breeding areas and that this action would protect the commercial and sport fisheries and a traditional way of life based on wild salmon. The U.S. Army Corps of Engineers denied Pebble’s mining permit two years ago, but the company appealed that decision. Pebble spokesperson Mike Heatwole says the EPA is not following normal protocol by using this Clean Water Act authority before the appeal has even been processed.

MIKE HEATWOLE: We continue to say that it is largely unlawful and unprecedented, what the EPA is attempting to do regarding this project.

ROSS: And Heatwole says the company may sue. But the EPA’s use of this authority reflects its serious concerns about the mine’s impact on the region, says Joel Reynolds with the Natural Resources Defense Council.

JOEL REYNOLDS: It’s about as much opposition as one will ever see to a development project anywhere really but in particular, in a development-friendly state like Alaska.

Listen to the full story at KUNC

 

With hope and frustration, Bristol Bay awaits the EPA’s final verdict on Pebble

December 14, 2022 — The Environmental Protection Agency has recommended a ban on mining activities in the area around the Pebble deposit. People across Bristol Bay are now waiting for a final decision on the future of the controversial copper and gold prospect.

“I think it sends a real strong message that the science is there; that it’s going to have unacceptable adverse effects on our watershed,” said Gayla Hoseth, the second chief of the Curyung Tribal Council and the natural resources director for the Bristol Bay Native Association.

Hoseth welcomes the move. She said those opposed to the mine have wanted this decision for a long time.

The EPA wants to prohibit the discharge of mining materials in the North and South Fork Koktuli River watersheds, as proposed in Pebble’s permit application. The agency cites its authority under the Clean Water Act to do so. It would extend that prohibition to any future proposals to develop a mine at the Pebble deposit that could result in a similar loss of aquatic resources. The action would effectively kill the mine.

Read the full article at SeafoodSource