The U.S. Environmental Protection Agency announced Tuesday that it has effectively killed the controversial Pebble mine in Southwest Alaska.
This decision ends a decade-long struggle over a region that not only houses one of the largest copper and gold deposits in the world, but also has the largest wild salmon run in the world. The EPA believes the mine would be too damaging to salmon habitat and has banned certain mining activities at the Pebble deposit.
Alannah Hurley, Executive Director of United Tribes of Bristol Bay, called the EPA’s decision historic. This is a decision that some Bristol Bay tribes have pushed for the EPA’s to make for 13 years.
“Many of the people who started this war are no more with us. “The cloud of Pebble has hung overhead over new generations of our people,” she stated at Monday’s EPA press conference. “But, our ancestral responsibility to protect our watersheds and fishery has brought us all together in our efforts to save the last wild salmon fishery in the world.
To prohibit the mining of the Pebble deposit, the EPA will use its seldom used veto authority under Section 404-c in the Clean Water Act. This is the 14th instance of the Clean Water Act, and the third in 30 years.
Hurley thanked Biden multiple times. She cited the biden administration’s nation-to-nation talks with the region’s tribes, and stated that the federal government had consulted with the tribes when the state would not. She said that tribes will continue to work together to protect the region.
She stated that “our work will not be complete until every inch is protected for our traditional homelands.” “EPA’s actions today help us build that future where our descendants can be Yup’ik and Dena’ina for many generations.”
The Pebble mine was already facing serious headwinds before Tuesday. The Pebble company proposed to build an open-pit copper/gold mine 17 miles from Iliamna Lake. Two years ago the U.S. Army Corps of Engineers denied Pebble an open-pit copper and gold mine. The mining company appeals that decision.
John Shively, CEO of Pebble, responded to Tuesday’s announcement by writing that the EPA’s use its Clean Water Act authority during the appeal process was ongoing was “unlawful” and would likely lead to legal action.
Shively stated that “for well over a decade we have argued for fair treatment under U.S rules and regulations should be followed for Pebble, or any other development projects.” “Unfortunately, the Biden-EPA continues to disregard fair and proper process in favor of politics. This preemptive action against Pebble cannot be supported legally, technically, and environmentally.
Tuesday’s statement by the EPA stated that the mine would cause harm to salmon habitat. It would destroy or damage 100 miles of streams that are used for spawning and breeding, and about 2,100 acres of surrounding wetlands.
Pebble’s project was also banned by the EPA. The EPA bans future projects that could cause similar losses of aquatic resources and restricts mining material discharge in the South Fork Koktuli Rivers as well as in the Upper Talarik Creek.
Michael Regan, EPA Administrator, said that the determination will be made on the Pebble deposit.
He stated that “We are aware that this project would have adverse effects, that would impact not only industry but also the ecosystem, and have a significant cultural impact as well.”
Radhika Fox, the EPA’s Assistant Administrator in the Office of Water, stated that the decision by the agency means that Pebble cannot appeal the Army Corps as originally proposed. She said that it doesn’t ban all future projects.
She said, “It provides guidance for projects that might create adverse effects but it does not apply to any other projects that could be considered.” “It doesn’t apply to any resource development other than the one in Alaska.”
According to the EPA, the habitat surrounding the Pebble deposit supports Bristol Bay’s salmon diversity and many other species. This in turn helps sustain the area’s Alaska Native communities as well as its commercial and sport fisheries.
