By James Brooks
Alaska Beacon
Developers’ efforts to overturn the cancellation of a vast gold and copper mine planned for southwest Alaska are getting a boost from national mining and pro-business groups, including the U.S. Chamber of Commerce.
On Nov. 24 and Nov. 25, the Chamber and the National Mining Association filed separate friend-of-the-court briefs in the lawsuit brought by the developers of the proposed Pebble Mine against the Environmental Protection Agency, which vetoed the mine.
Neither group has intervened in the case against the EPA, but the briefs represent the groups’ support for the proposed mine and offer legal arguments that Judge Sharon Gleason could consider as she debates whether to move the project forward.
In 2023, the EPA invoked a rarely used “veto” clause of the Clean Water Act to say that there was no way that the proposed Pebble Mine could be developed without significant harm to the environment. The large mineral deposit is located at the headwaters of Bristol Bay, the most abundant sockeye salmon fishery in the world.
The administration of Gov. Mike Dunleavy, which supports the project, and the proposed mine’s developers, filed separate lawsuits in federal court to overturn the rejection, as did two Native corporations that work as contractors for the developers. Those cases have since been combined.
The U.S. Supreme Court declined to hear the case directly, which has left the issue in front of Judge Sharon Gleason in the U.S. District Court for the District of Alaska.
Another lawsuit filed by the state claims that if the veto is upheld, the federal government will owe Alaska $700 billion, the state’s estimate for the value of the mine if built as planned. That case has been put on hold until the District Court rules.
In July, the administration of President Donald Trump indicated that it might try to settle the suit and withdraw the veto. If that occurs, it could come before Jan. 2, when the EPA is slated to file a written response to the plaintiffs’ motions for summary judgment.
If the EPA continues to fight the case, the last written arguments are scheduled to be finished by the end of February. Any oral argument would take place afterward.
If the federal government drops the case, it doesn’t mean a free path for Pebble: Several environmental organizations, fishing groups, tribal organizations and Bristol Bay locals have also intervened in the case and intend to fight in court.
The Alaska Legislature is also expected to consider a bill that would block both Pebble and any successor projects that might emerge.
In its brief, the National Mining Association — joined by the American Exploration and Mining Association and the Alaska Miners Association — call the EPA’s veto “overly broad” and say that if it is upheld, the act “will almost certainly chill investment in domestic mining activities” because other proposed mines could also be subject to a veto.
The Chamber of Commerce, which has backed the Pebble Mine project since at least 2022, said that if the veto is upheld, it has the potential of encouraging other vetoes, which would “disrupt important industries in which many of the Chamber’s members participate.”
James Brooks is a longtime Alaska reporter, having previously worked at the Anchorage Daily News, Juneau Empire, Kodiak Mirror and Fairbanks Daily News-Miner. A graduate of Virginia Tech, he is married and has a daughter, owns a house in Juneau and has a small sled dog named Barley.
Alaska Beacon is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
