Loading ...Northern Dynasty’s Pebble Project finally caught a break Wednesday as a federal court judge validated an agreement that the U.S. Environmental Protection Agency said it would stay its Section 404(c) Clean Water Act regulatory process against the Pebble Project until at least January 2, 2015.
An order by U.S. District Judge H. Russel Holland Wednesday noted that EPA’s regional administrator “will not issue any recommendation on its pending, proposed determination regarding the Pebble Mine Project prior to January 2, 2015”.
Judge Holland said his court must resolve the motion for a preliminary injunction filed by the Pebble Limited Partnership challenging EPA’s authority to pre-emptively impose development restrictions on Pebble prior to the submission of a proposed development plan to state and federal agencies. The Partnership has also sued on the ground that EPA has not complied with the Federal Advisory Committee Act and the Administrative Procedure Act in preparing the Bristol Bay Assessment study, upon which the Section 404(c) regulatory process is largely based.
EPA’s attempt to expand its authority under the Clean Water Act by stopping the Pebble Project before the Pebble Partnership even files for permitting has upset more than 180-plus national and state associations and organizations – representing mining, agriculture, construction, housing, manufacturing, utilities, energy production and transportation – to stop the action.
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