On September 6, 2022, AGC submitted a letter raising concern about the U.S. Environmental Protection Agency’s (EPA) intent to prohibit and restrict certain areas from disposal sites for the Pebble Mine under the Clean Water Act (CWA) section 404(c)—commonly referred to as EPA’s veto authority. The permit in question is currently undergoing an administrative appeal following the U.S. Army Corps of Engineers’ denial. EPA’s preemptive veto of the permit would set a harmful precedent for future projects working through the permitting and/or appeals process and have a chilling effect on infrastructure development.
EPA recently announced that it would continue to evaluate responses to the Pebble Mine notice and extend the period of time it has to either withdraw the proposed determination or prepare a recommended determination. The agency had extended the initial public comment period and, as of the end of August, had received more than 35,000 comments. EPA will issue its decision no later than December 2, 2022.
For more information, contact Melinda Tomaino at melinda.tomaino@agc.org.