Saving Seafood

EPA Chief Recused From Bristol Bay Mine That His Former Law Firm Represented

March 26, 2019 — EPA Administrator Andrew Wheeler is formally recusing himself from agency reviews and permitting decisions on a proposed gold and copper mine near Alaska’s Bristol Bay amid criticism his former law firm represented the developer.

Wheeler promised to steer clear of matters involving the controversial Pebble Mine in an updated March 20 recusal statement, two years after his former employer, Faegre Baker Daniels LLP, had arranged a meeting between former EPA chief Scott Pruitt and project developer Pebble LP.

Weeks after that 2017 meeting, Pruitt moved to withdraw proposed mining restrictions that would make it difficult, if not impossible, for the project to secure an essential Clean Water Act permit. Although Pruitt later backtracked, business groups have recently lobbied the EPA to toss out the five-year-old restrictions, arguing they preemptively block a project that would sustain jobs and extract at least 6.5 billion tons of known minerals. Environmentalists counter that the proposed mine jeopardizes a thriving salmon fishery.

Wheeler cast his decision as a “voluntary recusal” since he never provided services to a Faegre Baker Daniels client on the Pebble Mine and government advisers have said the move isn’t necessary to fulfill federal ethics rules. Wheeler said his recusal would last as long as he leads the Environmental Protection Agency. In the meantime, Wheeler has delegated Pebble issues to EPA General Counsel Matthew Leopold.

The Environmental Protection Agency could still move to lift the restrictions, without Wheeler’s involvement. And in the meantime, the Army Corps of Engineers is taking public comment on a draft environmental impact statement analyzing the mine.

Read the full story at Bloomberg

Trump Taps Former Oil Lobbyist David Bernhardt to Lead Interior

February 5, 2019 — President Donald Trump is nominating David Bernhardt to be Interior secretary, a move that puts a former oil lobbyist on track to take over the Interior Department.

If confirmed by the Senate, Bernhardt, the deputy secretary, would succeed Ryan Zinke at the helm of the Interior Department, an $11 billion agency that oversees drilling, grazing and other activities on public lands. Bernhardt has been acting secretary since Zinke left the Trump administration in January amid mounting federal investigations into his travel, political activity and potential conflicts of interest.

Trump announced the nomination on Twitter Monday. The choice echoes Trump’s decision to put a politically savvy lawyer, Andrew Wheeler, in charge of the Environmental Protection Agency after the departure of the president’s scandal-plagued first EPA chief, Scott Pruitt.

Like Zinke, Bernhardt is expected to continue charting a pro-energy course at Interior, having already played a leading role in shaping department policies to expand drilling, make sure economics are factored into endangered species decisions and alter the way the government analyzes the environmental consequences of projects.

Read the full story at Yahoo Finance

Pruitt resigns from EPA: What is next for Pebble?

July 10, 2018 — Fireworks rippled across dark horizons around the nation on the Fourth of July in celebration of Independence Day. The following afternoon, EPA Administrator Scott Pruitt’s first foray into federal government leadership came to an end with no sparks, no bang, not even a dull thud. Rather, it came as a Tweet from the president.

Pruitt’s short term at the helm of the EPA was belabored by ongoing and mounting investigations into his spending on travel and security, and his use of the position to strike personal deals, including a job for his wife.

“The unrelenting attacks on me personally, my family, are unprecedented and have taken a sizable toll on all of us,” Pruitt reportedly wrote in his resignation letter.

The long list of potential violations also led close aides and EPA staffers to resign, and Pruitt was beginning to lose support from Republicans in Congress who had approved his nomination.

A whistleblower — who was fired from EPA in February for raising questions about Pruitt’s spending and management — reported that the agency kept a secret calendar to hide industry-related meetings.

The discovery of just such a meeting with representatives from Pebble Mine owner Northern Dynasty resulted in an immediate flip-flop of EPA’s decision to forestall the mine under the Clean Water Act.

After Pruitt’s May 1 meeting with Pebble Partnership CEO Tom Collier, Northern Dynasty published a press release on May 12 declaring that EPA had settled the lawsuit in exchange for a reversal of the agency’s 2014 decision that the mine would violate the Clean Water Act and threaten Bristol Bay’s wild salmon population.

Read the full story at National Fisherman

Mining power: EPA’s Pruitt aims to short-circuit Clean Water Act

June 29, 2018 — Three days before the deadline for public comments on the proposed Pebble Mine project  in Alaska’s Bristol Bay, Environmental Protection Agency Administrator Scott Pruitt directed his staff to create a rule limiting the agency’s ability to regulate projects under Clean Water Act guidelines.

These are the exact guidelines that commercial fishermen and local tribes urged Obama-administration EPA officials to invoke to protect Bristol Bay, Alaska’s salmon gold mine.

In a memo dated Tuesday, June 26, Pruitt directed the EPA’s Office of Water to submit the following changes, at minimum, to the Office of Management and Budget within the next six months:

• Eliminating the authority to initiate the section 404(c) process before a section 404 permit application has been filed with the Corps or a state, otherwise known as the “preemptive veto.”

• Eliminating the authority to initiate the section 404(c) process after a permit has been issued by the Corps or a state, otherwise known as the “retroactive veto.”

• Requiring a regional administrator to obtain approval from EPA Headquarters before initiating the section 404(c) process.

• Requiring a regional administrator to review and consider the findings of a final Environmental Assessment or environmental impact statement by the Corps or a state before preparing and publishing notice of a proposed determination.

Read the full story at National Fisherman

Pointing at Pebble, EPA leader looks to rein in agency’s veto power

June 28, 2018 — In a sweeping memo released today, EPA administrator Scott Pruitt asked the agency to propose changes to how it uses the Clean Water Act.

In the memo, Pruitt wrote that the action would fit in with his larger aim to “ensure predictability and regulatory certainty and take actions based upon a comprehensive understanding of the facts.”

The proposal would eliminate EPA’s ability to preemptively or retroactively veto permits for waste discharge in waterways, restricting the agency’s ability to step in and regulate large projects. However, the proposal is far from final.

Under the Obama administration, EPA used its authority under Section 404(c) of the Clean Water Act to propose restrictions on the Pebble Mine before the developer applied for a permit with the U.S. Army Corps of Engineers.

That essentially halted the controversial project until last year, when EPA reached a settlement with Pebble under the Trump administration. Then in January, Pruitt suspended the agency’s move to reconsider the Obama-era proposal, saying Pebble may pose an “unacceptable” risk to Bristol Bay, home to one of the most valuable salmon fisheries in the world.

Read the full story at Alaska Public Media

MASSACHUSETTS: New England EPA chief makes first visit to New Bedford

June 6, 2018 — The New England regional administrator of the U.S. Environmental Protection Agency talked climate change, Superfund and harbor economics on Tuesday during her first visit to New Bedford.

Appointed in November by EPA Administrator Scott Pruitt, Alexandra “Alex” Dunn spent the day in the city with Erin Chancellor, counsel to Pruitt, and New Bedford Mayor Jon Mitchell. They visited sites related to the Superfund work in New Bedford Harbor and met with waterfront business people at the New Bedford Whaling Museum.

“It is really exciting to be here today,” Dunn said, speaking at Riverside Park.

She said New Bedford Harbor is one of only two sites in New England on Pruitt’s list of redevelopment priorities, along with Raymark Industries in Stratford, Connecticut, “and that makes it a very special site to us.”

“This one of those sites that has that incredible redevelopment potential,” she said.

Read the full story at the New Bedford Standard-Times

Bristol Bay advocates argue against Pebble in D.C.

April 20, 2018 — WASHINGTON — Anti-mine advocates with the Bristol Bay Native Corp. made the rounds in Washington, D.C., this week to get a word in with regulators and lawmakers about the ongoing permit process for the proposed Pebble Mine.

The visit came as the a round of public events wrapped up in Anchorage Thursday.

The group’s members said that they aren’t happy with the way the Army Corps of Engineers is running the show, but that they have confidence that the Environmental Protection Agency and Alaska’s congressional delegation will help them stand in the way of the potential gold, copper and molybdenum mine that they worry will poison headwaters of the Bristol Bay salmon fisheries.

The will-they-or-won’t-they saga of the Pebble prospect has run on for more than a decade, with no sign of a permit application until December. Now the anti-Pebble advocates, including Bristol Bay salmon fishermen and a slew of environmental groups, are arguing that the process is going to fast.

The Trump administration’s EPA Administrator, Scott Pruitt, initially balked at a watershed assessment crafted under the Obama administration, but put the decision-making document back on the table earlier this year.

Read the full story at the Anchorage Daily News

 

Public comment period on Pebble Mine starting soon amidst controversy

March 29, 2018 — The U.S. Army Corps of Engineers is opening a public comment period on the scope of the planned Pebble Mine in southwestern Alaska, and some lawmakers want the Environmental Protection Agency to pay attention.

The proposed copper and gold mine in Bristol Bay has been the source of controversy for several years as the fishing industry and other groups have fought against it, claiming such an operation could impact their operations and the environment.

The Corps plans eight meetings, scheduled from 9 to 19 April, to gather public comments and will also accept them online for 30 days starting on Sunday, 1 April. At the meetings, Corps officials will also give the public additional information about its process in developing the environmental impact statement. The draft statement is scheduled to be released in January, after which another public comment period will begin.

Bristol Bay is home to more than 50 million salmon, which produced an annual economic impact of USD 1.5 billion (EUR 1.21 billion). Mine proponents say the area holds about 80 billion pounds of copper and that it would help alleviate America’s need to import the mineral used for electrical wiring and other everyday needs.

In January, the EPA released a statement upholding a ruling made by the administration of then-U.S. President Barack Obama in 2014 that placed restrictions on the proposed mine, saying it would significantly impact the bay’s sockeye salmon fishery. Scott Pruitt, the agency’s current administrator under the administration of President Donald Trump, said in January the order didn’t block the proposed mine outright. However, it would give the agency time to get information and determine the mine’s potential environmental impact.

Earlier this month, three Republican congressional leaders wrote to Pruitt with concerns over that decision, saying the 2014 ruling was unprecedented under the Clean Water Act. U.S. Representatives Lamar Smith, Rob Bishop, and Paul Gosar claim agency officials involved in assessing the proposal unduly influenced the decision.

Read the full story at Seafood Source

 

U.S. House Republicans – minus Don Young – needle EPA on Pebble mine decision

March 23, 2018 — WASHINGTON — House Republican leaders are weighing in on the Environmental Protection Agency’s latest efforts to restrict the proposed Pebble mine project in Alaska — and they aren’t happy about it.

The chairmen of two committees, which oversee mining and the EPA, and the head of the Western Caucus wrote to EPA Administrator Scott Pruitt this month to issue concern and condemnation over a surprise January announcement that left an Obama-era decision standing.

The letter came from Reps. Lamar Smith, R-Texas, chairman of the Committee on Science, Space and Technology; Rob Bishop, R-Utah, chairman of the Committee on Natural Resources, and Paul Gosar, R-Arizona, chairman of the congressional Western Caucus. But there was no signature from Alaska Rep. Don Young, though he is a top member of Bishop’s committee.

A spokeswoman for Young did not answer questions about the letter or the congressman’s position on the matter.

At the start of the year, Pruitt backed off a review of an Obama administration decision to restrict the potential scope of the proposed mining project. (The congressman did not issue a statement at the time of the EPA’s change of heart in January.)

The Pebble Partnership wants to dig a massive deposit of gold, copper and molybdenum in and around the sensitive headwaters of Bristol Bay. Pebble says it can accomplish the feat without damaging the salmon fishery. The company recently applied for an Army Corps of Engineers permit for the project.

Read the full story at the Anchorage Daily News

 

Scott Pruitt pushes back on finding that would restrict pesticides’ use to protect fish

February 5, 2018 — For months, chemical companies have waged a campaign to reverse findings by federal fisheries scientists that could curb the use of pesticides based on the threat they pose to endangered species. They scored a major victory this week, when Environmental Protection Agency Administrator Scott Pruitt announced he would press another federal agency to revisit a recent opinion triggering such restrictions.

The struggle over an arcane provision of the Endangered Species Act, in which the EPA must affirm that the pesticides it oversees do not put species’ survival in jeopardy, has become the latest front in the battle over a broad-spectrum insecticide known as chlorpyrifos. Pruitt denied a petition to ban its agricultural use after questioning EPA scientists’ conclusions that exposure impedes brain development in infants and fetuses.

Speaking to the National Association of State Departments of Agriculture on Wednesday, Pruitt said he plans to inform the National Oceanic and Atmospheric Administration’s Marine Fisheries Service “that there needs to be a consultation because we have usage data, frankly, that wasn’t considered.”

NOAA Fisheries issued a Biological Opinion on Dec. 29, which was publicly released Jan. 9 by the environmental law firm Earthjustice, finding that the current use of chlorpyrifos and malathion “is likely to jeopardize the continued existence” of 38 species of salmon and other fish in the Pacific Northwest and destroy or harm the designated critical habitat of 37 of those species. It found another pesticide, diazinon, could jeopardize the continued existence of 25 listed fish species and could harm critical habitat for 18 of them.

In allowing chlorpyrifos to stay on the market — the product is already prohibited for household products — Pruitt cited concerns raised by the Department of Agriculture, pesticide industry groups and an EPA scientific review panel about studies the agency used to conclude that the pesticide poses a serious enough neurological risk to ban its use on dozens of crops. One study, by researchers at Columbia University, found a connection between higher exposure levels to chlorpyrifos and learning and memory problems among farmworkers and children.

Read the full story at the Washington Post