New Suit Challenges EPA Veto of Pebble Mine Permitting Process

The US Environmental Protection Agency exceeded its authority when it vetoed a Clean Water Act permit for the company seeking to develop the Pebble Mine in Alaska, two companies representing the interests of Alaska Natives say in a new federal lawsuit.

Iliamna Natives LTD and Alaska Peninsula Corp. say the EPA’s authority to override the permitting process “virtually whenever” it “deems fit” for projects involving discharge of dredge and fill material under the CWA’s Section 404(c) is unconstitutional. Congress hasn’t given the agency guidance on how to utilize its discretion under the statute and, therefore, has authorized EPA to engage ...