Pebble Partnership lawsuit targets overreaching EPA pre-emptive veto process
The Pebble Partnership (PLP) filed suit against the Environmental Protection Agency on Wednesday in the U.S. District Court for Alaska. PLP seeks an injunction from the District Court to stop the federal agency’s move to pre-emptively veto the Pebble Project under Section 404(c) of the Clean Water Act.
In the legal filings, PLP stated in the absence of a permit application, EPA’s action to shut down a potential future mine at Pebble exceeds its authority under the Clean Water Act and overrides the State of Alaska’s regulatory authority to participate and evaluate the project.
In response to PLP’s decision to file the suit, Pebble CEO Tom Collier stated:
“The correct, legal, and defensible way forward is for EPA to suspend its pre-emptive 404(c) process and allow us the full opportunity to have our project reviewed by federal and state regulatory agencies, including EPA, under NEPA. Until that happens we must defend ourselves against actions by EPA that are contrary to the law. Unless EPA suspends its action, these matters must now be resolved by the court system.”
The lawsuit outlines specific, fundamental problems with the EPA’s pre-emptive veto process against the Pebble Project.
Review the press release here »
Review the court filing here (65k PDF) »