Dunleavy Administration to appeal denial on Pebble
Alaska Gov. Mike Dunleavy has an- nounced that the Alaska Department of Law will file an administrative appeal with the United States Army Corps of Engineers (USACE), Pacific Ocean Division, over the Alaska Dis- trict’s decision to deny the 404 permit for the proposed Pebble Project in Southwest Alaska. “The flawed decision by the Alaska District creates a danger- ous precedent that will undoubt- edly harm Alaska’s future and, any potential project can fall victim to the same questionable standards,” Dunleavy said. “We have to prevent a federal agency, in this instance, the Alaska Dis- trict of the Army Corps of Engi - neers, from using the regulatory process to effectively prevent the State from fulfilling a constitu - tional mandate to develop its natural resources.” “The Alaska District’s de - cision has far-reaching and ominous implications for our rights as a state to develop our resources for the benefit of all Alaskans, whether its mineral deposits like Pebble, or oil and gas on the North Slope, or oth- er resources anywhere in the state,” said Department of Nat- ural Resources Commissioner Corri Feige. “The Alaska Con - stitution specifically directs us to develop our resources in the public interest. When a federal agency arbitrarily tries to de- prive us of our rights with the stroke of a bureaucrat’s pen, we simply must challenge that ac- tion.” “This appeal asks the Army Corps Pacific Ocean Division to remand the permit decision back to the Alaska District for a more thorough review consis- tent with the law,” said Acting Attorney General Ed Sniffen. “The Division ignored Corps’ long-standing guidance that required it to tailor mitiga- tion requirements to recognize
Alaska’s unique position of holding more intact wetlands than any of the Lower 48 states combined. Instead, the Division is requiring mitigation measures that are simply impossible to meet in Alaska.” The 404 permit, required under the
federal Clean Water Act, is a necessity for any natural resource development project to move forward. The state believes the decision was based on flawed conclusions and usurped the entire public interest re- view process.
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Winter 2021
The Alaska Miner
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