THE LINK: OCTOBER 2023 11 In a normal process for many resource development projects, the applicant files for a permit with the U.S. Army Corps of Engineers, or USACE, under Section 404 of the Clean Water Act, aka CWA. This usually triggers a full review of the project via the environmental impact statement process. The EPA and other federal agencies participate in the EIS review and provide important technical input. If the USACE grants a permit the EPA disagrees with, the CWA grants the EPA the ability to veto the decision. These vetoes have been rarely used since the passage of the CWA as federal agencies attempt to work through significant differences. With Pebble, things got off the rails in this process when the EPA went outside the norm and began its attempt to preemptively block the project before there was even a mine plan. The EPA just made one up and then declared that their mine plan could not be permitted. This action was on again and off again based on political winds in Washington, D.C. The veto was finalized under a Biden administration, which is reluctant to permit any major mines despite the criticality of mining, including Pebble’s copper, to its climate-change focused renewable energy goals. In addition to stopping Pebble, this EPA action interferes with the state’s ability to manage its lands — an action that violates the deal Alaska made when it entered the union and was granted access to land selections for the purpose of establishing an economy for the state. It also violates the “no more” clause of the Alaska National Interest Lands Conservation Act, which put tens of millions of acres of Alaska’s lands into parks and wilderness areas. These issues are at the core of the state’s challenge. CONTINUED on PAGE 12
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