AK - State to Appeal Corps' Denial of Pebble Permit
The Pebble Partnership will have the State of Alaska on its side when the company appeals the federal decision to deny the company approval to construct its mine later this month.
Gov. Mike Dunleavy announced via a Jan. 8 statement from his office that his administration would appeal the November U.S. Army Corps of Engineers record of decision, or ROD, denying Pebble the ability to secure a key Clean Water Act wetlands fill permit.
Dunleavy said in the statement that the decision signed by Army Corps of Engineers Alaska District Commander Damon Delarosa’s rejecting Pebble’s mine plan sets a “dangerous precedent” that will harm future development in the state.
“We have to prevent a federal agency, in this instance, the Alaska District of the Army Corps of Engineers, from using the regulatory process to effectively prevent the state from fulfilling a constitutional mandate to develop its natural resources,” the governor said.
The decision was based on flawed conclusions and “usurped the entire public interest review process,” the statement reads.
Corps Alaska District leaders found that Pebble’s plan for a large open-pit mine and extensive support infrastructure does not meet Clean Water Act criteria for minimizing development impacts and “is contrary to the public interest.”