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EPA starts process that could restrict Pebble Mine

Published on NewsOK Modified: February 28, 2014 at 9:29 pm •  Published: February 28, 2014
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JUNEAU, Alaska (AP) — The U.S. Environmental Protection Agency announced it is taking the first steps toward restricting or even prohibiting development of a massive gold-and-copper prospect near the headwaters of a premier sockeye salmon fishery in southwest Alaska — though no final decision has been made.

While the rarely used EPA process is underway, the U.S. Army Corps of Engineers cannot approve a permit for the proposed Pebble Mine project.

The announcement Friday follows release of an EPA report in January that found large-scale mining in the Bristol Bay watershed posed significant risk to salmon and could adversely affect Alaska Natives in the region, whose culture is built around salmon.

EPA Administrator Gina McCarthy made clear Friday that no final decisions have been made. While McCarthy said scientific and other data has provided "ample reason" for EPA to believe a mine of the size and scope of Pebble "would have significant and irreversible negative impacts on the Bristol Bay watershed and its salmon-bearing waters," she said EPA is open to receiving more information.

Mine opponents have been urging EPA to take steps to protect the region and hailed Friday's announcement as significant. Supporters of Pebble Mine fear that EPA will move to block the project even before it gets to the permitting phase.

Tom Collier, CEO of the Pebble Limited Partnership, which is working to advance the mine project, called the EPA process a "major overreach." In a statement, Collier said EPA's actions to date "have gone well outside of its normal practice, have been biased throughout, and have been unduly influenced by environmental advocacy organizations."

He said the partnership remained confident in its project — calling it an important asset for the people of Alaska — and said Pebble would continue to make its case with EPA.

McCarthy told reporters on a teleconference that EPA is initiating the process under the Clean Water Act to determine how it can best use its authorities "to protect Bristol Bay rivers, streams and lakes from the damage that will inevitably result from the construction, operation and long-term maintenance of a large-scale copper mine."

EPA has rarely used this specific authority, which it can exercise before a permit is applied for. The agency says it has only done so 29 times in the past, and in 13 of those cases the EPA decided to take steps to limit or prohibit activity.

In this case, McCarthy said, "the Bristol Bay fishery is an extraordinary resource and is worthy of out-of-the-ordinary agency actions to protect it."

The watershed produces nearly half the world's wild sockeye salmon, a fish that is important for Alaska Natives in the region. McCarthy called the watershed one of most productive ecosystems on the planet.

A spokeswoman for Alaska Gov. Sean Parnell called the EPA action egregious and beyond federal overreach.

"The EPA has not only cut off public input and process, but has also unilaterally decided that they, not Alaskans, know what's best for our future," said Sharon Leighow by email. "The State is prepared to pursue all legal options to ensure Alaska's rights are protected."

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