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EPA Reversal on Pebble Mine Pollution Limits is Reviewable (1)

June 17, 2021, 6:31 PM; Updated: June 17, 2021, 7:55 PM

The U.S. Environmental Protection Agency’s about-face in 2019 to not limit miners from operating in part of the Bristol Bay watershed in Alaska is subject to judicial review under the agency’s regulations, the Ninth Circuit said Thursday in a partial win for a conservation group.

The Clean Water Act doesn’t have a meaningful legal standard “in its broad grant of discretion to the EPA,” but the agency’s regulations do, according to the U.S. Court of Appeals for the Ninth Circuit.

The EPA in 2014 proposed limits for the planned Pebble Mine, saying the discharge of dredge and fill material would ...

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