Alaska Attorney General Treg Taylor filed a brief with the U.S. Supreme Court challenging the U.S. Environmental Protection Agency’s authority over a sizable piece of Alaskan land in Western Alaska — land that contains the Pebble deposit.
The state contends that the EPA’s restrictions effectively converted 309 square miles of state property into a national park without the state’s consent, an act which it describes as “confiscating State property.”
In January 2023, the EPA issued a final determination, commonly known as a 404(c) veto, under Section 404 of the Clean Water Act, prohibiting any future permits for mining operations in a specific region surrounding the Pebble deposit in Southwest Alaska.
The veto was targeted at not only the proposed Pebble Mine under a 2020 mining plan, but any future mining endeavors within the demarcated area. This act has curtailed Alaska’s ability to govern its natural resources, leading to the current legal contention.
“An original action, where a case is heard directly by the Supreme Court instead of first progressing through the lower courts, is an extraordinary ask, but it’s appropriate given the extraordinary decision being challenged,” explained Attorney General Taylor.
The brief filed emphasizes Alaska’s unique dependence on its lands for its economic health. It also points out the state’s constitutional obligation to ensure the maximum benefit from its natural resources for its people.
Alaska Gov. Mike Dunleavy expressed his dissatisfaction with the decision, highlighting the crucial role of Alaskan natural resources in supporting the state’s population. He criticized the federal authorities in Washington D.C., claiming they were stifling open discussion regarding the matter.
The concern over EPA’s authority isn’t confined to the mining industry. Attorney General Taylor warned that if the EPA can bypass state and federal permitting processes using vague terms and subjective standards, it could potentially obstruct even smaller projects, such as family housing.
Commissioners of the Alaska Department of Environmental Conservation, Alaska Department of Fish and Game, and the Alaska Department of Natural Resources also voiced their grievances. They argue that their established processes were not respected by the EPA and that the agency’s actions disregard Alaska’s entitlement to manage its own resources under the cooperative federalism framework of the Clean Water Act.
Alaska is now seeking a declaration from the Supreme Court that the EPA’s veto is unlawful and is calling for an order to set it aside and enjoin its enforcement.
I think it violates the rights of tribal determination too; taking private wealth literally from economically challenged residents.
The EPA needs to be dismantled.
YOu could make that case but where would you house administration of the Clean Water Act and other enviromental laws.
Up here in old Alaska, it’s pretty easy to make the case that the Department of Environmental Conversation (oh, excuse me – Conservation), should be eliminated and most functions tucked into existing Departemtn of Natural Resources.
Most states have their own version of the EPA. Transition won’t be difficult. Cheers –
Alaska has always been a “company town.” The locals are the dregs of the dregs: they’ve always been had for handouts! This summer’s Bristol Bay salmon season turned sour for the fisherman when the salmon industry offered them only half of what they were paid last year!
Pebble can close in on Bristol Bay. They already have the state flunkies, and now they can gather up the hungry beggars for next to nothing!
The village corporations in BB were all for Pebble. The regional corporation and the Green Machine created by Bob Gillam’s millions were in opposition. The villages saw jobs. The regional and Gillam saw competition, that they didn’t want. Cheers –
The state essentially is suing on behalf of a foreign mining company that 2 months ago lost a 6.4 million dollar law suite defrauding investors by offering weak ore assays and the true size of the would be pebble mine. The fraudulent company’s name is Northern Dynasty, a foreign owned company.
Furthermore there are 2,900 BB permit holders and many other businesses the state will be going against.
Thirdly President Trump denied necessary permits with Army Corp. of Engineers and EPA permits denied under Biden.
Virtually all Northern Dynasty’s partners, Anglo American, Rio Tinto, Mitsubishi and First Quantum Metals have all abandoned the project. Adjacent Native corporation land was also denied use to pebble.
This is no Sackett family with a small ditch in the backyard.
Also, lower Federal Courts will have to rule before Supreme Court will take the case 😉
3rd G, buyer beware! Deception is just one of the features of the free enterprise system. What do you propose–protecting all the dummies? Ignorance and greed grease the skids in this country. Kick back and relax; let the system do what it does best!
That mine should have been in production 20 years ago. All the BS that has prevented it are based on a bunch of lies and useless conjecture, with no factual basis. While they were doing the assay work and all the prep work for Pebble, there were no protests, no opposition. The reason is because of the millions of dollars that poured into the region and hundreds of jobs created by Pebble, at that time. As soon as Pebble got all the permitting done and had proven up on the claim, the protests came out and the constant flow of road blocks started. This is a tyrannical government backed imposition of unconstitutional interference in free enterprise over two decades.
3rd Generation:
The issue is “Sovereignty”. Not jobs or how BB permit holders “ might” be affected.
And you may be incorrect about the process. In an “ original” action, this case can be filed with SCOTUS. Of course they can decline and then it might then have to be filed in a Federal district Court.
Given the current Justices on the court, who knows what they might decide. It would not be the first time the Fed has abused the rights that were given to the state in Alaska’s Statehood compact.
It’s all about sovereignty till Alaska goes running with their hand out everytime Dunleavy declares a disaster.
Third Gen: The case filed by State is an Original Action; one that doesn’t have to go through lower federall courts or Courts of Appeal. Whether the SCOTUS will accept the case is up to the Supreme Court. They have accepted original actions in the past, e.g., the Dinkum Sands lawsuit re: offshore boundaries of Alaska territorial waters in the Arctic Ocean.
My guess is that the SCOTUS will accept this case as it is somewhat exotic and will be of fascination to a majority of the justices. Chief Justice Roberts has been involved with litigation related to state/federal sparring, so it will be interesting to see how he decides this case.
State should ask for the mineral value as compensation. A little under $1 trillion.
That would be projected gross value, not net, which is unknown but likely way less. If SCOTUS takes the case and reaches ruling on 5th Amendment claim (the court could punt on this claim by reaching a decision on other grounds), the net would be much less. Still might be a pile of money.
If (and that is unknown), the SCOTUS accepts this case, there is some chance the court will appoint a master to issue a preliminary ruling which the court could accept, deny or adopt in part. That might be where the compensatory claims for taking are slugged out. Time will tell.
This land is state land specifically designated for mineral exploration and development. The EPA has made illegal rulings on this land previously. The EPA is once again taking preemptive action without letting the established and legal process take place.
If you believe in a strong, powerful, overbearing federal government that simply bypasses legal precedent because it suits your beliefs then of course you support the EPA taking this action. If however you believe that states have the ability to manage themselves, their property, and the guarantees by the Federal Government granted at Statehood have any meaning, then you support the action the State of Alaska is taking here.
No real analysis here. Rhetoric over reality from Steve-O. I suppose that’s OK, given this is a blog and all about opinions.
Communist China benefits enormously with the head of the Biden Crime Family in the White House. Mining that could happen here, more responsibly, and safely, will instead happen in third world conditions in China resulting in vast water air, and land pollution. China has bribed the Biden Crime Family to the tune of millions of dollars. Biden is now killing US mining, US jobs, and US security while the China mining monopoly grows.
Alaska should just move ahead with the project and tell Biden to go straight to Hell. What’s he going to do, use the US military to attack us? FJB.
Hmmmmm. interesting way to advance the concept of Rule of Law. Rather like how things happen with the CHICOMs.
The feds are violating the agreement that was made when Alaska became the 49th state. Under that agreement, Alaska was to be granted a certain percentage of the land to enable it to stand economically. DC has never fulfilled that agreement, but instead has kept delaying and throwing road blocks in the way. Rightly or wrongly regarding the foreign mining company, every time the EPA makes a ruling it can use the prior ruling as a precedent in any new rulings. In addition to this law suit, the state needs to sue the feds to complete the land swap promised as part of Alaska becoming a state. And the state should do this while there is a Supreme Court in place that might consider it before Biden and the democrats succeed in stacking the Supreme Court as they intend to do.
Until we have a governor willing to spend the time/money/effort to fight this in court, we never will.
Don’t get me wrong: I’m not prone to quote scripture, but 1 Tim 6:9 (KHV) states it succinctly: “For the love of money is the root of all evil….” If Judas could betray Christ for thirty pieces of silver, it shouldn’t take much to get the project back on track. Money, loose women, and whiskey “done right” can work wonders!
Edit: 1 Tim 6:10 (KJV)
Every time I see an electric car with an anti-Pebble Mine bumper sticker, I just laugh and laugh!
Pebble is a foreign run operation.
Who really benefits if pebble goes through? It certainly isn’t Alaskans.
I beg to differ, Mr. Galt: there will be plenty of jobs for dishwashers, housekeepers, delivery-boys, groundskeepers, mail clerks, janitors, and such that require little more than a third-rate elementary education and a good work ethic
The Alaskan Independence Party is changing, growing and is glad to see that many people still understand that we have always been only a PARTIAL state. Join today! Watch “Broken Promises” on YT, Hickel’s 1993 documentary that fully explains this in 20 minutes. We can thank Uncle Ted for not only illegally writing the statehood act as an Interior Dept lawyer, but also in cooperating with Jimmy Carter to permanently cement our role in this crippled version of statehood. And let’s not forget how Ted bloated us with gov’t subsidies to keep us afloat, giving us: federal dependency & control. Just like when we were a territory. For a footnoted and scholarly essay, read “Is Alaskan statehood a Fraud?” at ‘https://www.akip.org/StatehoodFraud.pdf.
If the Federal Government can arbitrarily take back selected land transferred to the State, why can’t the State take selected areas of Federal land? We can identify certain areas we could make good use of.
The EPA is NOT taking back land from the state.
Typically, federal law supersedes state laws and the EPA has proven the mine will do extreme environmental damage. It is the EPA’s mission to protect the environment.
“Typically, federal law supersedes state laws”. READ YOUR CONSTITUTION!
EPA is a fine example of a Federal self perpetuating non elected juggernaut entity hell bent on locking up Alaska. Forever!
EPA is stacked with individuals who worship the Green Movement, it is their religion. Hence anything that does not agree with their belief system, the end will justify the means.
Such as Locking up tracks of SOA land with impunity and a straight face.
Going so far outside of the intent of the Clean Water Act as Congress intended, it leaves one scratching their head.
Thank you to the leadership of the Executive Branch of the SOA for pursuing legal relief from the EPA monster.
I don’t know if the mine is a good idea or not, but the EPA has no right to govern state lands. Period.
Well, there is the issue of federal law and the supremacy clause in the United State Constitution to consider. I sort of suspect that’s why the State is seeking judicial relief.
Manda. The EPA has the authority to protect the environment. That’s especially important here where the state is inept and the private mining interests are foreign and disinterested.
The EPA is a criminal organization.
This article is very one-sided.
So are the comments… -cheers
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