Saving Seafood

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

Opponents lose court case against Alaska mine near fishery

April 21, 2020 — Opponents have lost a court case against the proposed copper and gold mine near a major salmon fishery in Alaska’s Bristol Bay region.

U.S. District Court Judge Sharon Gleason ruled the U.S. Environmental Protection Agency could withdraw a “proposed determination” about potential negative mine impacts dating from 2014, Alaska Public Media reported Sunday.

The determination had concluded the mining project, named the Pebble Mine, posed too great a threat to the salmon-rich waters of Bristol Bay.

The judge’s ruling was based on the amount of latitude government agencies have and what is subject to legal review, rather than the merits or dangers of the mine.

The case focused on a “preemptive veto” the EPA issued during the administration of President Barack Obama, before Pebble Limited Partnership filed an application for the mine in Southwest Alaska.

The mine’s federal permit application is pending with the U.S. Army Corps of Engineers, and the EPA retains the right to veto the permit, a power that was not diminished by Friday’s ruling.

Read the full story from the Associated Press at The Seattle Times