US mining groups back Northern Dynasty in challenge to EPA Pebble veto
Copper and gold developer Northern Dynasty Minerals says several major US industry organisations have filed amicus briefs in federal court supporting its legal challenge to the US Environmental Protection Agency’s (EPA’s) veto of the Pebble project in Alaska.
The National Mining Association (NMA), the American Exploration & Mining Association (AEMA), the Alaska Mining Association (AMA) and the US Chamber of Commerce reportedly lodged filings in the Alaska Federal Court arguing that the EPA exceeded its statutory authority when it blocked key wetland permits for the project under Section 404(c) of the Clean Water Act.
Northern Dynasty president and CEO Ron Thiessen said the submissions underscored broad industry concerns about the precedent set by the agency’s decision. “We appreciate the important support from the NMA, the AEMA, the AMA and the Chamber, as we fight back against the injustice of the illegal Obama/Biden-era veto,” he stated.
“The Obama EPA dreamed up this scheme to handicap future mining activity in the US, and the Biden EPA put this injustice into action without regard to the economic harm it could cause to all Americans.”
In their joint brief, the NMA, AEMA and AMA said the case had implications for the wider US mining sector and for the country’s ability to meet rising mineral demand. They wrote that the mine “will provide a crucial source of copper for construction, transportation, electrical and electronic projects, industrial machinery, and defence applications. Copper also plays an inextricable role in nearly all forms of renewable energy.”
The groups warned that the EPA’s “aggressive and unprecedented use of a regulatory veto” came as the world prepared for a global shortfall in copper and other critical minerals. They argued that regulatory uncertainty “casts a cloud over mining projects in Alaska and beyond” and urged the court to “hold EPA to its statutory mandate and to prior interpretations and practice".
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