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The EPA Plays Offense

Is the Pebble Mine dead? Not quite.

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鈥淭he sun is shining in Alaska.鈥 That鈥檚 what Tim Bristol said today. Bristol is the director of Trout Unlimited鈥檚 Alaska program, and for the past few years he鈥檚 been a leader in a fight against a proposed gold and copper mine in Bristol Bay, the world鈥檚 largest sockeye salmon fishery. This morning Bristol was surprised by news that the Environmental Protection Agency (EPA), under new director Gina McCarthy, announced that it was .

鈥淭he Pebble Mine would likely have significant and irreversible negative impacts on the Bristol Bay watershed and its abundant salmon fisheries,鈥 said McCarthy. 鈥淚t鈥檚 why EPA is taking this step forward in our effort to ensure protection for the world鈥檚 most productive salmon fishery from the risks it faces from what could be one of the largest open pit mines on earth. This process is not something the agency does very often, but Bristol Bay is an extraordinary and unique resource.鈥 Soon afterward, celebratory press releases started trickling in from environmental and sportsman鈥檚 organizations, among them , the , and the .

The Pebble Mine has been overshadowed in recent years by the battles over the Keystone XL Pipeline, but for a time it was the major national environmental issue among the outdoors set. The battle dates back more than a decade. Northern Dynasty Minerals, out of Vancouver, started exploratory digging in the mine in the early 2000s. Anglo American partnered with Northern Dynasty in 2007 and invested more than $500 million in the project over the next six years.

Meanwhile environmentalists started to make hay in the form of a group called , which was backed by groups like Trout Unlimited and companies like Orvis. In 2007 Colorado independent filmmakers Ben Knight and Travis Rummel made an investigative documentary titled Red Gold about the project, and media attention . (国产吃瓜黑料 covered the proposed mine in 2009.)聽 Tiffany鈥檚 threw its weight behind Save Bristol Bay, announcing it wouldn鈥檛 source any products from Pebble Mine if the project moved forward. Last fall, Anglo American pulled out of the project entirely, forfeiting its massive investment in the proposed mine.

So does today鈥檚 news sound the death knell for the Pebble Mine? Not quite. The EPA鈥檚 announcement鈥攂ased on the findings of a report the the agency conducted following a complaint brought by a group of native tribes鈥攅ssentially amounts to a moratorium on the issuing of a mining permit. It鈥檚 all a bit tricky, because Northern Dynasty, owner of the , has yet to technically apply for its mining permit. As Trout Unlimited鈥檚 Bristol said, 鈥淭here鈥檚 a ton of work to do, and those who support mining in Alaska will attack this in every way they can. The game鈥檚 not over.鈥

This afternoon I reached Tom Collier, the chief executive officer of the Pebble Limited Partnership. A longtime Washington, DC lawyer and former chief of staff of the Interior Department during the Clinton administration, Collier inherited the Pebble battle earlier this month, when he took over from departing CEO John Shively. While Collier acknowledged that he didn鈥檛 see today鈥檚 news coming, he downplayed the announcement.

鈥淚 don鈥檛 see it as particularly significant,鈥 he said. Collier called it 鈥渢he beginning of a process鈥 that would eventually 鈥渄rive a stake through the heart of any notion that the EPA ought to put any restrictions on Pebble Mine.鈥 He claimed that the report on which McCarthy based her announcement was flawed. His group has requested an investigation by the EPA鈥檚 Inspector General into that report, called a watershed assessment, which Collier said had a 鈥減redetermined result.鈥 He also said, 鈥淚 don鈥檛 think they have the legal authority to do this. In 42 years of the Clean Water Act the EPA has never vetoed a significant project before it鈥檚 applied for a permit. They鈥檙e way out on a limb.鈥

All of this pretty much exactly echoed what , so it鈥檚 probably a fair assumption that Pebble鈥檚 response strategy is a vigorous offense. When I asked TU鈥檚 Bristol about Collier, he said, 鈥淭he guy has no experience in the state. It鈥檚 full-on insider DC politics.鈥 Was any celebration in order? 鈥淚鈥檓 going to crack a beer at happy hour today,鈥 he said 鈥渁nd then get back to work.鈥

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