Bristol Bay tribes fight to defend EPA veto of Pebble Mine in court

Bristol Bay tribes and fishing groups are asking a federal court to let them defend the EPA's veto of the Pebble Mine, a proposed copper and gold project that would sit at the headwaters of the world's largest sockeye salmon fishery.

The United Tribes of Bristol Bay, Bristol Bay Native Corporation, Bristol Bay Economic Development Corporation, Bristol Bay Regional Seafood Development Association, and commercial fishers filed a motion to intervene on May 17, 2024, in Alaska federal district court. They want to defend the EPA's January 30, 2023, decision to block the mine under Section 404(c) of the Clean Water Act.

Northern Dynasty Minerals and Pebble Limited Partnership filed their lawsuit challenging the veto on March 15, 2024. The State of Alaska, under Governor Mike Dunleavy, filed a separate challenge.

The EPA veto marked only the third time in 30 years the agency used its Clean Water Act authority to prohibit a project. The agency determined the mine would cause unacceptable adverse effects on the Bristol Bay watershed, salmon fisheries, and tribal communities in southwest Alaska.

The Bristol Bay sockeye fishery sustains more than 7,000 jobs and generates over $2 billion in annual economic value. More than 25 Native villages in the region depend on the fishery for subsistence and cultural practices.

Tribes say the mine threatens treaty rights and resources that have sustained their communities for thousands of years. The proposed mine site sits in a watershed that produces nearly half of the world's wild sockeye salmon.

Pebble Limited Partnership is also seeking compensation exceeding $700 billion in the U.S. Court of Federal Claims, arguing the EPA veto amounts to an unlawful taking of property.

The State of Alaska and Northern Dynasty argue the EPA veto represents federal overreach and that the project could provide jobs and revenue. They contend the agency exceeded its authority under the Clean Water Act.

The tribes' motion to intervene argues they have direct interests at stake that the existing parties may not adequately represent. Tribal leaders say their communities face the greatest risk if the veto is overturned.

The case is pending in Alaska federal district court. No hearing date has been set for the motion to intervene.

Bristol Bay residents have opposed the mine for more than a decade. The region's commercial fishing industry, sport fishing guides, and subsistence users have consistently testified against permits for the project.

The EPA's 2023 veto followed years of scientific study and public comment. The agency reviewed more than one million public comments, with the vast majority opposing the mine.