Mining News: Pebble, EPA row nearly resolved

Pebble Limited Partnership and the U.S. Environmental Protection Agency are on the cusp of reaching a settlement of the longstanding legal dispute over the federal agency’s attempt to use Section 404 (c) of the Clean Water Act to place pre-emptive restrictions on permits needed to develop a mine at the Pebble copper-gold-molybdenum project in Southwest Alaska. The federal court where the lawsuit was being heard granted a stay of proceedings until May 4 to provide Pebble and EPA time to settle the dispute outside of the courtroom. While the parties where near to an agreement by May 4, they asked the federal court for a one-week extension of the stay to finalize the details. “A great deal of common ground has been established between the parties, including on the importance of upholding the rule of law when it comes to administering statutorily mandated processes under the Clean Water Act, the National Environmental Policy Act and other federal statutes. On that basis, we anticipate achieving a resolution to these matters next week,” explained Pebble Partnership CEO Tom Collier. While sources tell Mining News that a resolution remains on track for this week, the negotiated settlement was not finalized before going to press on May 11.

Editor’s Note: Early on May 12, Northern Dynasty Minerals Ltd., currently the sole owner of the Pebble Partnership, announce that Pebble and the EPA have agreed to the terms of a settlement that allows the Pebble project to enter the permitting process unencumbered by pre-emptive regulatory action by the EPA. Details of this agreement and what it means for the project moving forward will be included in an article in the May 21 edition of North of 60 Mining News.

–SHANE LASLEY