Pebble FACA case against EPA to go forward

The Pebble Limited Partnership’s lawsuit against the EPA, alleging violations of the Federal Advisory Committee Act, will go forward. That’s according to a ruling Thursday by Anchorage federal court Judge H. Russel Holland.

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Judge Holland denied the EPA’s motion to dismiss the case, which was argued last week in Anchorage court.

Mike Heatwole is a spokesperson for Pebble:

“With today’s ruling, the judge has essentially said that Pebble has raised plausible claims about how the EPA has handled and utilized input from anti-mining groups in all of the work regarding the Bristol Bay Watershed Assessment. It represents a pretty significant victory for us that allows our case to advance,” said Heatwole.

Pebble’s opponents were quick to say Thursday that they were disappointed with the ruling. Among them is United Tribes of Bristol Bay director Alannah Hurley, who acknowledged the setback, but says it’s important to keep the ruling, and the case, in perspective:

“This case is about a federal advisory process protocol. It in no way changes the scientific fact that if the Pebble Mine is developed, it will harm the last great salmon fishery on the face of the planet. It doesn’t change the fact that the EPA has the authority to take this action to protect this fishery, and has had, and will continue to have, the full support of our region to do so,” said Hurley.

While the FACA case moves forward, Judge Holland has ordered the EPA to halt all work on the Bristol Bay Watershed Assessment and the preemptive dredge and fill restrictions it had intended to finalize earlier this year. Judge Holland’s temporary injunction, requested by Pebble, will remain in place:

“So it basically prevents the EPA from advancing it’s preemptive veto against the project.” said Pebble’s Heatwole. “The next phase for us is discovery, and as we’ve long asserted, we believe there’s quite a bit more information out there as to what was going on behind the scenes with the EPA’s actions against Pebble.”

Both Pebble and the mine’s opponents said the FACA case will likely play out over at least the next year.

In a separate, the third filed by Pebble against the EPA, Pebble is suing for more agency documents and emails it says the EPA is not turning over as per requests made under the Freedom of Information Act.