ELR Citation: 44 ELR 20258
No(s). 3:14-cv-00171 (D. Alaska Nov 25, 2014) (Holland, J.)

A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after the court has ruled on the merits of the mine's lawsuit against the Agency for alleged Federal Advisory Committee Act (FACA) violations. Under CWA §404(c), EPA has the authority to veto projects in the interest of protecting important rivers and wetlands. Earlier this year, EPA initiated the §404(c) process to stop the mine, alleging it would have significant and irreversible negative impacts on the Bristol Bay watershed. The mine filed suit against the Agency, alleging that EPA violated FACA by holding secret meetings with environmental groups prior to the permitting process. The mine then sought the instant preliminary injunction, which the court ruled was appropriate in this case. The balance of hardships and public interest both tip sharply in mine's favor. At this preliminary injunction stage of the case, there will be only a brief delay, and a preliminary injunction will not harm EPA. The mine, on the other hand, is unlikely to have any remedy if its FACA claims are not resolved prior to a final §404(c) decision by the Agency.