The Alaska Miner Summer 2023 12 BY NORTH OF 60 MINING NEWS Alaska's attorney general has filed a motion asking the U.S. Supreme Court to instruct the EPA to correct its overstep in blocking development of the Pebble project. In January, the EPA issued its final determination for the Bristol Bay watershed in Southwest Alaska, known as a 404(c) veto, that not only prohibited permitting the Pebble project according to a 2020 mining plan but also restricted any future permitting to construct or operate a mine across a 300-squaremile region surrounding the worldclass Pebble copper deposit. "The EPA action usurps the State's ability and responsibility to protect its own natural resources," the Alaska Department of Law penned in its release. Issued by Alaska Attorney General Treg Taylor, the motion for leave — essentially a legal procedure that asks the court permission to deviate from established rules — strongly argues that EPA's veto of the Pebble project is a breach of contract between Alaska and the United States, and violated the federal statutory recognition and implementation of the Cook Inlet Land Exchange. The motion also argues that EPA's veto violates the Administrative Procedure Act and is an unconstitutional taking without just compensation and, therefore, also seeks monetary damages for breach of contract. The U.S. Constitution gives states the right to seek direct jurisdiction in the U.S. Supreme Court for complaints against the federal government. It is anticipated that the Supreme Court could decide whether to hear this case as early as October. Alaska: Undo Pebble veto
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