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Army Corps denies permit appeal by Pebble mine developer

Alex DeMarban, Anchorage Daily News on

Published in Science & Technology News

The Dunleavy administration last week also sued the agency, claiming that the EPA’s overly broad restrictions halted a development opportunity on state land. The suits were filed in U.S. District Court in Alaska.

Pebble and the Dunleavy administration this year have also filed takings claims for the EPA decision, seeking compensation in the U.S. Court of Federal Claims, based in Washington, D.C.

Pebble is seeking compensation after noting it has spent more than $1 billion on the prospect. The state is seeking compensation of more than $700 billion related to the potential value of the mineral resources affected by EPA decision.

Pebble’s “current focus is on our litigation contesting the EPA action against the project,” Heatwole said Tuesday.

The Corps in 2020 said the mining plan would cause significant degradation to an important watershed in the region and is “contrary to the public interest.” But the Corps agreed to accept the company’s appeal for reconsideration after the agency determined that portions of Pebble’s request had merit.

 

The Corps in the 14-page denial Monday said the EPA created prohibitions and restrictions that leave “no available areas” for the mining project to dispose “dredged or fill material.”

Nelli Williams, Alaska program director of Trout Unlimited, said Tuesday that opponents of the mine want to enhance protections for the Bristol Bay region to add another layer to stop future projects such as Pebble.

“The Pebble Limited Partnership’s 2020 mine plan didn’t meet basic standards, was widely opposed by Alaskans, and posed significant risks,” Williams said. “The hunting and angling community, and leaders from across the political spectrum, widely applauded the permit denial in 2020 and we commend the Army Corps of Engineers for standing by its permit denial decision.”

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