BY NORTH OF 60 MINING NEWS Alaska's attorney general has filed a motion asking the U.S. Su - preme Court to instruct the EPA to correct its overstep in blocking de - velopment of the Pebble project. In January, the EPA issued its final determination for the Bristol Bay watershed in Southwest Alas - ka, known as a 404(c) veto, that not only prohibited permitting the Pebble project according to a 2020 mining plan but also restricted any future permitting to construct or operate a mine across a 300-square- mile region surrounding the world- class Pebble copper deposit. "The EPA action usurps the State's ability and responsibility to protect its own natural resourc - es," the Alaska Department of Law penned in its release. Issued by Alaska Attorney Gener - al Treg Taylor, the motion for leave — essentially a legal procedure that asks the court permission to deviate from established rules — strongly argues that EPA's veto of the Pebble project is a breach of contract be - tween Alaska and the United States, and violated the federal statutory recognition and implementation of the Cook Inlet Land Exchange. The motion also argues that EPA's veto violates the Administrative Pro - cedure Act and is an unconstitution - al taking without just compensation and, therefore, also seeks monetary damages for breach of contract. The U.S. Constitution gives states the right to seek direct jurisdiction in the U.S. Supreme Court for complaints against the federal government. It is anticipated that the Supreme Court could decide whether to hear this case as early as October. Alaska: Undo Pebble veto
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The Alaska Miner
Summer 2023
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