Lawsuit Against EPA Can Move Forward Over Removal Of Bristol Bay Protections

Here’s some reaction, starting with Trout Unlimited:

ANCHORAGE, Alaska—In a ruling published today, the Ninth Circuit Court of Appeals ruled that Trout Unlimited’s lawsuit could move forward in challenging the Environmental Protection Agency’s 2019 decision to withdraw proposed protections for the Bristol Bay watershed. The decision puts an important process back on track for securing immediate safeguards for the region and gets Bristol Bay one step closer to a locally driven, durable solution that ensures the proposed Pebble mine doesn’t resurface again in the future.  

The court found that the EPA needs to consider whether unacceptable adverse effects are likely to occur when it withdraws a Clean Water Act 404(c) proposed determination. On its face, the EPA’s 2019 withdrawal decision is indefensible. On behalf of our nationwide network of 350,000 supporters and businesses members, TU is calling on the EPA to proceed expeditiously to a final determination that protects the headwaters of Bristol Bay. 

“Today’s ruling is an important step toward providing immediate Clean Water Act safeguards for Bristol Bay,” said Nelli Williams, Alaska director for Trout Unlimited. “The 2019 decision to withdraw the proposed protections contradicted the EPA’s own science and undermined the best interests of Alaskans, Tribes, hunters, anglers and commercial fishermen. It is time for the EPA to move forward and finalize Clean Water Act protections for Bristol Bay. We still have more work to do to protect Bristol Bay and its salmon fisheries, but this confirms that trustworthy science and public input should be at the forefront as decisions are made.”  

“Today’s decision is another sigh of relief for Bristol Bay sport fishing business owners, commercial fishermen putting boats in the water, and people of Bristol Bay harvesting their annual subsistence catches,” said Nanci Morris Lyon, local resident and owner of Bear Trail Lodge, a Trout Unlimited member business.  

“This is a significant win for Bristol Bay,” said Chris Wood, CEO of Trout Unlimited. “Building a mine in the headwaters of some of the best wild salmon habitat on earth has never made sense, and that’s why we have fought the proposed Pebble mine in the courts, in Congress, and in administration after administration. This decision brings us another step closer to permanent protections for this place and all who depend on it.”  

Here’s SalmonState:

Today’s ruling is a win for Bristol Bay. Now, it’s time to act

JUNEAU—”Today’s ruling from the Ninth Circuit reaffirms what we already knew: EPA must make CWA 404(c) decisions based on science. When the Trump Administration stripped away Clean Water Protections for Bristol Bay, it was about politics, not science. Now is the time for the Biden Administration to move to end this case and put strong, scientifically rigorous and wildly popular EPA Clean Water Act protections back in place ASAP.”

– SalmonState Executive Director Tim Bristol

SalmonState works to keep Alaska a place wild salmon and the people who depend on them thrive.

And United Tribes of Bristol Bay:

DILLINGHAM, AK – Today, in a 2-1 decision, the 9th Circuit Court of Appeals reversed a lower court’s decision and sent the case back to consider whether the Trump Administration’s decision to withdraw the Obama-era EPA’s 404(c) Proposed Determination was based on arbitrary reasoning. In response to this important ruling, Alannah Hurley, Executive Director of the United Tribes of Bristol Bay, issued the following quote:
“The United Tribes of Bristol Bay, representing fifteen tribal governments that make up more than 80% of the population of Bristol Bay, is unified in supporting an EPA 404(c) veto of the Pebble Mine. Today’s ruling reinforces the need for the EPA to take immediate action to veto this dangerous mine and provide the needed and lasting protections for the people who live here.”  

A longer statement from Ms. Hurley is below: 

“Today’s ruling couldn’t be more clear, the Trump administration’s political interference in the 404(c) process had no basis in science, law, or fact. It is time to turn the page and get back to the work of providing the necessary protections the people of Bristol Bay have been calling for: an EPA 404(c) veto.
The reality is that the proposed Pebble Mine is an existential threat to Bristol Bay – one of the world’s largest salmon fisheries and home some of the last intact salmon-based cultures. This toxic mine would produce up to 10.2 billion tons of toxic waste and irreparably damage our pristine homeland and our traditional way of life. In light of this ruling, the EPA has an obligation to immediately act to protect Bristol Bay and veto the Pebble Mine. They must listen to the science, the lengthy Obama/Biden administration’s record of support, and to people who live in Bristol Bay who are unified in calling for a 404(c) veto.
The United Tribes of Bristol Bay – representing 15 federally recognized tribes and more than 80% of the people who live in the bay – urges President Biden to honor his campaign promise to protect Bristol Bay and finish what the Obama/Biden administration started by quickly advancing a 404(c) veto. A 404(c) veto is the best path forward to provide the needed protections the Tribal people of Bristol Bay, and those whose livelihoods depend on its waters, need and support.”