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The Pebble Partnership

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Okay... Earthquakes!
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GTI Tech Account
April 18, 2020

Court Says EPA Decision to Back Away from Preemptive Veto is Correct

GTI Tech Account
April 18, 2020

Long standing principle of fairness upheld

Anchorage, AK - A Federal District Court ruled Friday afternoon to grant a motion to dismiss a case brought by multiple groups opposed to Pebble that had contested a decision by the U.S. Environmental Protection Agency (EPA) to withdraw the preemptive veto of the Pebble Project. Pebble CEO Tom Collier hailed the decision as a major victory for Pebble, the State of Alaska, and the rule of law. Collier issued the following statement about the decision:

“For years, we have sought basic fairness for the Pebble Project to be fully vetted under the regular permitting process and to block attempts to preempt that fundamental right. Once again, a coalition of anti Pebble groups including national environmental groups like the Natural Resources Defense Council have been proven wrong in their ad hominem attacks on Pebble. This time a Federal District Judge in Alaska has ruled that their most recent attack did not even state a cause of action that required review by the court. Therefore, their lawsuit against EPA was dismissed for lack of jurisdiction.

“We have long held that the preemptive veto against Pebble was poor public policy and that decisions about the merits of developing a mine at the Pebble Prospect should be made through the traditional permitting process. The preemptive veto was brought against the project by the Obama era EPA and before a single permit to develop had been filed with a regulatory agency. The current administration made the correct decision to withdraw the preemptive veto and allow the project to be reviewed in the normal state and federal permitting process. The Federal District Court correctly recognized the validity of this decision. The EPA, in their decision to withdraw the preemptive veto, noted that a detailed plan of development had been submitted for review allowing the agency and other regulators to fully vet the project.

“This decision moves Pebble one step closer to completing its federal permitting process. The U.S. Army Corps of Engineers current schedule calls for the Final Environmental Impact Statement and the Record of Decision for the project to be issued by mid-year. We see no reason why this schedule will not be met, especially now that this meritless litigation has been dismissed.

“We firmly believe the project can be developed without harm to the Bristol Bay fishery and for the benefit of the region, especially the communities around Iliamna Lake. Preliminary reports from the Corps of Engineers indicate it can be done responsibly and we look forward their final report this summer.”

Click to Read the Complete Order Granting Motion to Dismiss (375k PDF)

Newer PostNo EPA 3(b) Decision Shows Continued Path Forward for Pebble
Older PostSteps PLP is taking in response to COVID-19

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