U.S. District Court Alaska Decision Offers Path To Permanent Bristol Bay Protection

Here’s reaction, starting with Trout Unlimited, which in June initially intended to sue over a challenge to the Environmental Protection Agency’s withdrawal of proposed Bristol Bay protection mandates in 2019:

ANCHORAGE, Alaska—Today, the U.S. District Court for the District of Alaska vacated the Environmental Protection Agency’s (EPA’s) 2019 decision to withdraw the Bristol Bay 404(c) Proposed Determination, reinstating important proposed protections for the headwaters of Bristol Bay. These proposed protections would limit the amount of mine waste that could be released into streams, rivers and wetlands at the headwaters of Bristol Bay. This victory concludes a two-year-long lawsuit by Trout Unlimited (TU) and comes in the wake of a recent ruling in favor of TU by the Ninth Circuit Court of Appeals. 

 “Today’s decision gets us back on track to finalizing protections for Bristol Bay’s headwaters and its world-class fisheries,” said Austin Williams, Alaska legal and policy director for Trout Unlimited. “As the science has shown time and time again, large-scale mining in the Bristol Bay headwaters would be catastrophic to the region’s fisheries, its economy, and its vibrant cultures. We look forward to working with the EPA to finalize these protections that are so critical to so many people.”   

“Today’s court decision is fantastic news for the families, businesses and fisheries of southwest Alaska.  Stopping massive amounts of mine waste from being stored in Bristol Bay’s headwater rivers is common sense—a no brainer—we are thrilled by today’s court ruling. It’s a solid next step to putting the Pebble Mine debacle behind us for good.” said Nanci Morris Lyon, King Salmon resident and owner of Bear Trail Lodge.  

 In 2019, the EPA under the previous administration sought to withdraw the 2014 Proposed Determination for Bristol Bay—a sudden decision based on politics that ignored the robust scientific record demonstrating the potential for unacceptable adverse effects. Trout Unlimited sued, challenging the EPA’s decision as arbitrary and capricious and contrary to the Clean Water Act’s governing standard. In July,?2021, the Ninth Circuit Court of Appeals ruled in favor of TU, finding that the EPA could withdraw a proposed determination only if the discharge of materials would be unlikely to have an “unacceptable adverse effect.”

Today’s decision vacates the 2019 withdrawal and reinstates the 2014 Proposed Determination. TU looks forward to vigorous engagement in the?404(c) process to ensure that strong and lasting protections are established for Bristol Bay. 

And SalmonState (We’ll add more statements when they are released):

ANCHORAGE—Today, a U.S. District Court ruling paves the way for the Environmental Protection Agency to complete its Clean Water Act process aimed at protecting Bristol Bay from the massive, open pit Pebble Mine and associated industrial development. In essence, the court has made clear that the EPA has the ability to issue 404(c) protections under the Clean Water Act. For the past two decades, Tribes, fishermen, Alaskans and Americans across the country have been fighting the threat of the proposed Pebble Mine: a massive open pit gold, copper and molybdenum mine proposed for Bristol Bay’s headwaters.

“The specter of a massive open-pit mine and waste dump has been looming over the biggest, wildest, most productive sockeye salmon run on the planet for long enough. Pebble threatens livelihoods. It threatens salmon. And it threatens people,” said SalmonState Executive Director Tim Bristol. “Now that the courts have put the ball back in the EPA’s court, it’s up to the EPA to listen to its scientists and to Alaskans, to finish the job, and to end the threat of the proposed Pebble Mine before the salmon return.”