When that Tom Collier, the CEO of Alaska鈥檚 long-stalled and highly controversial Pebble Mine project, was resigning after being ensnared in an environmental sting, it was just the latest shocking twist in the proposed mine鈥檚 yearslong saga of turnabouts and changes of fortune.聽
The massive copper, gold, and molybdenum deposit is situated near the headwaters of two river systems that help sustain southwest Alaska鈥檚 pristine Bristol Bay region and its legendary salmon run. Discovered over 30 years ago, its development has long been opposed by聽Native groups and fishermen, who believe an open-pit mine poses too great a threat to the ecosystem, not to mention the lives, culture, and $1.5 billion fishing economy that all depend on it.聽
Since Canadian mining company Northern Dynasty Minerals acquired the rights to Pebble nearly two decades ago, residents and fishermen have lived in an uncomfortable purgatory, as the proposed mine鈥檚 prospects have waxed and waned and financial backers, governors, and presidents have come and gone. But even by this saga鈥檚 standards, the past few months have been remarkable, with twists and turns that include a cameo from Donald Trump聽Jr.聽and the release of secretly recorded video calls between mining-company executives and investigators posing as investors. Now, with Joe Biden should he win, the fate of this pristine slice of Alaska may hinge, like so much else, on the presidential election. Here鈥檚 everything you need to know to catch up on what鈥檚 happened.
A New CEO, a聽New Administration, a聽New Life
In 2010, six Bristol Bay tribes petitioned the EPA to intervene聽and聽block the mine鈥檚 development, and聽after years of study and legal battles, the agency deemed the mine聽too great of a risk to the area鈥檚 salmon. By the middle of Barack Obama鈥檚 second presidential term, in 2014, the EPA聽was poised to use its authority under the Clean Water Act to veto the project.
That鈥檚 when Washington, D.C., lawyer Tom Collier was hired as CEO of the Pebble Limited Partnership, the subsidiary responsible for developing the deposit for Northern Dynasty, which owns the mineral rights to the state-owned land. (The 鈥減artnership鈥 part is a bit aspirational at this point: Northern Dynasty is the sole owner, after various mining-company partners .) Collier, a career Beltway insider, was tasked with trying to bring the project back from the brink by making the EPA problem go away. He orchestrated an extensive legal and lobbying strategy that succeeded in stalling the agency鈥檚聽final decision in court just long enough to outlast the Obama administration. When Donald Trump was elected in 2016, Collier knew the聽favorable combination of a pro-extraction president and a muzzled EPA might not last, so he had one goal: to file a mine plan capable of attaining its first major permit by the end of Trump鈥檚 first term. To underscore that objective, that if he achieved the permit within four years of applying for it, he鈥檇 be due an 鈥渆xtraordinary bonus鈥 of $12.5 million on top of his nearly $2 million annual compensation.
鈥淚f it hadn鈥檛 been for the election of Trump, I firmly believe this project would have been dead in 2017,鈥 says Joel Reynolds, western director and senior attorney for the Natural Resources Defense Council (NRDC), who has spent years directing the nonprofit鈥檚 fight against Pebble. 鈥淏ut Trump breathed new life into it.鈥
In December 2017, with the EPA action withdrawn, Pebble filed an application with the Army Corps of Engineers for its first federal permit, which would grant it聽permission to excavate and fill in wetlands. The application proposed a smaller, shorter-duration mine, operating at a shallower depth and extracting a tiny fraction of the deposit鈥檚 known reserves. The plan was designed, ostensibly, as a responsible alternative to the more ambitious proposals Pebble had floated in investor materials over the years. The corps then laid out what many observers saw as an timeline for completing an environmental review for a project of this size and complexity, one that would enable it to wrap up before the end of Trump鈥檚 term. (By comparison, the review process for another controversial Alaskan mine project, , took nearly six years.)聽
From Pebble鈥檚 perspective, it was聽finally getting a fair shake, unimpeded by what it聽had seen as politically driven interference by the EPA, and the timeline seemed reasonable, a function of efficiency rather than urgency. 鈥淭he corps has been able to do their work efficiently, largely because of all the work we put in ahead of time,鈥 says Mike Heatwole, Pebble鈥檚 head of public affairs. 鈥淲e have the information, and we鈥檙e able to work expeditiously on our end of it, so we鈥檙e not slowing things down, either.鈥
鈥淚 don鈥檛 think anyone anticipated the level to which we would be railroaded in this process,鈥 said the executive director of United Tribes of Bristol Bay.
But to critics, the smaller plan seemed like a bait and switch, aimed at establishing a beachhead for a future larger mine, or even a district of many neighboring mines. The $8.6 million since 2017 seemed further evidence of a politically driven process that felt rushed and wasn鈥檛 inclusive. Native voices, in particular, have felt marginalized throughout.
鈥淔rom the get-go, our voices have been silenced and ignored,鈥 says Alannah Hurley, the executive director of聽,聽a consortium that represents 15 tribes in the region. 鈥淏ut I don鈥檛 think anyone anticipated the level to which we would be railroaded in this process.鈥 Concerns brought up by Native groups during and after the review process were disregarded聽she says, and there are of corps officials and contractors at one village meeting arguing with elders about disputed locations of culturally important sites and subsistence hunting and fishing grounds. 鈥淭hey were literally yelling at tribal leaders,鈥 says Hurley. (A corps spokesman, when asked about the聽allegation, declined to comment.)
That brings us to mid-July 2020, when much of the region was preoccupied with a tense, pandemic-tinged, but ultimately successful fishing season鈥53.5 million salmon returned, and there were no big COVID outbreaks. On July 15, that the Army Corps of Engineers had finished its final draft of the Environmental Impact Statement, the project review that would form the basis for the corps鈥檚聽decision to approve or deny Pebble鈥檚 permit. When the was published on July 24, it was a big day for Pebble, the culmination of its post-2017 effort, and it saw vindication. 鈥淔rom the beginning, we dedicated the time, resources, and technical work to ensure we had a project that could be done responsibly,鈥 Collier said in a . 鈥淭he final EIS for Pebble unequivocally shows it can be developed without harming salmon populations.鈥
A Surprising Turn
Northern Dynasty鈥檚 announcement of the positive EIS sent its stock price climbing for a week, but by the time the EIS was actually published, the price had already peaked and started falling. In fact, there about the company鈥檚 economic fundamentals鈥攁 series of blue-chip mining companies have walked away from their partnerships with Northern Dynasty over the years. Northern Dynasty is a junior mining company, and an undercapitalized one at that, more suited to mineral exploration than full-scale mine development. Without the backing of a major, deep-pocketed company, there鈥檚 no way it could fund a mine-construction process that would cost . 鈥淚ts entire business plan is to get a permit from the corps and use that permit to get an investor,鈥 says the NRDC鈥檚 Reynolds. 鈥淏ut the legitimate part of the industry is not interested.鈥澛
Meanwhile, the science used to justify the mine, including in the final EIS, is hardly solid. 鈥淭he document is a joke,鈥 says Daniel Schindler, a professor at the University of Washington鈥檚 School of Aquatic and Fishery聽Sciences, who has spent 24 summers studying Bristol Bay with the university鈥檚 . 鈥淚t鈥檚 a three-ring circus, where science is basically a shroud behind which they鈥檙e playing politics.鈥 He says the EIS is built on unsupported assumptions and, crucially, understates potential impacts and ignores the fact that refuse from the mine would have the potential to pollute the landscape, not just during the life span of the mine聽but forever after.聽
These criticisms were largely ignored until the first week of August, when Pebble hit more turbulence, this time from an unexpected source: well-connected Republicans. First came an 聽from Nick Ayers, a former Mike Pence chief of staff and an avid fisherman, who said that he, 鈥渓ike millions of conservationists and sportsmen,鈥 hoped the president would direct the EPA to block the mine. An hour later, this was by Donald Trump聽Jr., who wrote, 鈥淎s a sportsman who has spent plenty of time in the area I agree 100%. The headwaters of Bristol Bay and the surrounding fishery are too unique and fragile to take any chances with.鈥 It鈥檚 widely known that Trump聽Jr. is an avid fisherman, and lodge owners in Bristol Bay who have hosted him have periodically whispered that he might be a useful ally. But nobody expected him to publicly open a rift with his father鈥檚 administration. A slew of celebrity tweets and news coverage followed, many echoing what Jimmy Kimmel said when he became one of the 2,300 or so people to 聽Trump聽Jr.鈥檚 opinion: 鈥淚 never thought I鈥檇 say this, but @DonaldTrumpJr is right.鈥 When asked by reporters about the tweet, the president said his son 鈥渉as some very strong opinions and he is very much of an environmentalist鈥 and that he would 鈥渓ook at both sides of it,鈥 which was itself a monumental shift.
鈥淚 never thought I鈥檇 say this, but @DonaldTrumpJr is right,鈥 tweeted聽Jimmy Kimmel.
The hits kept coming. On August 8, Joe Biden came out against Pebble. 鈥淚t鈥檚 no place for a mine,鈥 he said in a . 鈥淭he Obama-Biden administration reached that conclusion when we ran a rigorous, science-based process in 2014, and it is still true today.鈥 More surprisingly, on August 14, Tucker Carlson aired an聽 on his Fox News show, featuring Johnny Morris, CEO of Bass Pro Shops, who also spoke out against it. As Carlson noted on air, Pebble is the rare environmental issue that doesn鈥檛 split cleanly along partisan lines. 鈥淪uddenly you are seeing a number of Republicans,鈥 he said, 鈥渋ncluding some prominent ones, including some very conservative ones, saying, 鈥楬old on, maybe Pebble Mine is not a good idea, maybe you should do whatever you can not to despoil nature, and maybe not all environmentalism is about climate.鈥欌澛
Would anything come of this? For a moment, it seemed like it. On August 22, Politico posted a story from a D.C.-based reporter headlined 鈥,鈥 which claimed that early the following week, the administration would move to block the mine, according to six anonymous sources. What emerged two days later in a letter from the corps basically amounted to a request for a more rigorous plan for offsetting the mine鈥檚 impact on the thousands of acres of surrounding wetlands. It wasn鈥檛 nothing: it noted that the mine would cause 鈥渦navoidable adverse impacts鈥 and 鈥渟ignificant degradation,鈥 which was harsher than anything the corps had said before, and it set what observers called a for mitigation. But the company wasn鈥檛 surprised by the letter鈥檚 contents and was already working on a mitigation plan.
To hedge against further confusion, Pebble had been聽 on Fox News targeted at an audience of one. 鈥淧resident Trump, continue to stand tall, and don鈥檛 let politics enter the Pebble Mine review process,鈥 said a spot that ran the night of September 16. It seems to have found its mark. At 10:20 P.M., Trump , 鈥淒on鈥檛 worry, wonderful and beautiful Alaska, there will be NO POLITICS in the Pebble Mine Review Process.鈥
The Sting
On September 21, outlining a set of secret video recordings, known as the , which had been recorded over the previous two months by the , a nonprofit based in Washington, D.C. Posing as overseas investors, EIA operatives captured video calls showing an overconfident Collier and Ron Thiessen, Northern Dynasty鈥檚 equally bullish CEO, saying all the quiet parts out loud: that the actual plan was to eventually mine the entire ore body聽rather than the smaller portion proposed, and to do so over the course of perhaps 200 years rather than 20. In their telling, the smaller mine was merely a temporary step to improve their chances of getting a permit.聽
Most embarrassing, they made boastful claims about their closeness with and influence over all sorts of politicians and government officials. One person who came up was David Hobbie, director of regulatory affairs for the Alaska District and someone with strong influence over the final EIS. Collier called him 鈥渢he decision maker鈥 and said they met weekly and had become something close to friends. The corps issued a to the EIA鈥檚 recordings, citing 鈥渋naccuracies and falsehoods relating to the permit process and the relationship between our regulatory leadership and the applicant鈥檚 executives.鈥
The tapes were damning. 鈥淚鈥檝e been at this 40 years, and I鈥檝e never seen this happen to the blatant extent that the tapes reveal,鈥 says the NRDC鈥檚 Reynolds. 鈥淚t鈥檚 a testament to the flaws in our permitting system that it takes a videotape to force people to come to terms with that basic fraud.鈥
The fallout was swift, and the fall guy was Collier. 鈥淐ollier鈥檚 comments embellished both his and the Pebble Partnership鈥檚 relationships with elected officials and federal representatives in Alaska,鈥 said a announcing Collier鈥檚 resignation. 鈥淭he comments were clearly offensive to these and other political, business, and community leaders in the state, and for this, Northern Dynasty unreservedly apologizes to all Alaskans.鈥澛
It was a blow to the company, but Thiessen remains in his position. He鈥檚 quoted in the same release saying that he plans to keep advancing the application and expects a decision on the permit this fall.聽
For those dedicated to fighting the mine, what the tapes revealed seemed less 鈥渆mbellished鈥 than unvarnished, the true Pebble finally come to light. 鈥淐ollier is one symptom of the much greater problem of this company terrorizing Bristol Bay for almost 20 years now,鈥 says Hurley of the United Tribes of Bristol Bay. 鈥淕etting rid of him does absolutely nothing to rectify the entrenched issues.鈥 To her, the flawed permitting process and alleged political influence taint the process beyond repair. 鈥淎t this point, a permit denial is clearly needed,鈥 she says. 鈥淣obody has faith that鈥檚 going to happen鈥攖he corps hasn鈥檛 changed course or addressed this as a real issue.鈥
What Comes Next聽
Indeed, despite all the drama, the corps has tried to forge ahead, saying little. 鈥淭he District is currently in the deliberative process of making a permit decision,鈥 a spokesman emailed in response to my questions. 鈥淲hile doing so, it is inappropriate for us to comment on opinions, to speculate on potential outcomes of our deliberations in response to media inquiries.鈥
And though Pebble always seems to be running out of time or money (or both), the company plans to file the mitigation plan that the corps requested before the mid-November deadline, and the corps stands ready to receive it. The final EIS that so many stakeholders see as flawed is still the governing document, and Pebble, for its part, is sticking to its plan. 鈥淭hroughout the course of this project, we鈥檝e hit a lot of potholes or road bumps, and we find a way to keep pressing forward,鈥 says Pebble spokesman Heatwole. 鈥淲e want to get a positive decision from the corps, secure a partner, and get into state permitting. Those are our milestones.鈥
With any decision almost certain to lead to litigation, there won鈥檛 be any immediate moves, even if the corps does issue a decision this fall. But as the impact of the tapes has rippled outward, the controversy has managed to do something that Alaskans had not been able to: get their two Republican senators, Lisa Murkowski and Dan Sullivan, on the record after years of noncommittal fence-sitting. What that means remains to be seen, but they could help call for congressional investigations. They could also push through the appropriations bill to which the House attached an amendment that would cut off funding for the corps鈥檚 work on Pebble, effectively freezing the permit application. That bill could be taken up by the Senate as soon as December. And if the corps issues a positive final decision on the permit during a potential lame-duck period, the senators could support the EPA in taking steps to block Pebble. (It鈥檚 also worth noting that the Pebble Tapes have become a major issue in Sullivan鈥檚 surprisingly against challenger Al Gross, a Democrat-leaning Independent.)
The lesson of Pebble may be that short-term political solutions are too tenuous to be relied on. 鈥淚t鈥檚 clear we鈥檙e not dealing with agencies acting in the best interests of the American people, or in the way these systems are supposed to be working,鈥 says Hurley. And that may be the biggest takeaway of all: that only in a broken system would regulatory decisions of this magnitude be influenced by a tweet from the president鈥檚 son or a well-placed ad on Fox News, or that they聽would require secret videos from eco-spies to get senators to finally take a public stance.
Pebble鈥檚 opponents are hoping that if November 3 goes well for the Democrats,聽the EPA will finally聽be empowered to find a way to permanently block the mine, whatever decision the corps makes on the permit. 鈥淭his project needs to die definitively,鈥 says Reynolds of the NRDC. His hope is that the EPA will resume its Clean Water Act review in a Biden presidency, but even an EPA veto of the project could, theoretically, be overturned in the future. So for protection that puts Bristol Bay beyond the reach of the shifting political winds, they鈥檒l need to keep working toward a long-term preservation plan for the area. 鈥淚鈥檓 hoping we can put this to bed,鈥 Reynolds says, 鈥渁nd create a political landscape in Alaska that allows Alaskans to decide how to permanently protect the national treasure that is Bristol Bay.鈥
UPDATE (Oct 29, 2020):聽After this article went to press, the EIA revealing the extent to which Northern Dynasty CEO Ron Thiessen, who is still running the company, plays a hands-on role in every aspect of Pebble鈥檚 development, and made statements to EIA鈥檚 investigators that were every bit as outrageous as those made by former Pebble CEO Tom Collier. The new tapes include Thiessen discussing his influence over Alaska鈥檚 senators and pro-Pebble governor, and an assertion that he believes the state of Alaska would contribute roughly $1.5 billion of taxpayer money to assist in building infrastructure for the mine.
UPDATE (Nov聽25, 2020): The Army Corps of Engineers decided today聽 for the Pebble Mine saying 鈥渋t it does not comply with Clean Water Act guidelines鈥 and calling the project 鈥渃ontrary to the public interest.鈥 This latest twist in the saga will likely kill the proposed extraction project in the short term, but Pebble plans to appeal the decision, and the mine鈥檚 opponents are still hoping that the incoming Biden administration will consider more permanent protection for Bristol Bay.