Judy Cavanaugh stands with others at a rally against the Pebble Mine in front of Sen. Lisa Murkowski’s Juneau office in June 2019. The Army Corps of Engineers has accepted a request for administrative appeal filed by Pebble Limited Partnership. A similar effort by the state was reject, Gov. Mike Dunleavy said in a news release. (Michael Penn / Juneau Empire File)

Judy Cavanaugh stands with others at a rally against the Pebble Mine in front of Sen. Lisa Murkowski’s Juneau office in June 2019. The Army Corps of Engineers has accepted a request for administrative appeal filed by Pebble Limited Partnership. A similar effort by the state was reject, Gov. Mike Dunleavy said in a news release. (Michael Penn / Juneau Empire File)

2 Pebble appeals, 2 different outcomes

Governor says states appeal rejected, but partnership appeal moves forward.

Two requests to appeal the decision to deny a key permit for a proposed copper and gold mine in Southwest Alaska met different fates.

The Army Corps of Engineers didn’t accept the state’s attempt to appeal a November 2020 decision to deny a permit for the proposed Pebble Mine, a long-controversial effort to place an open-pit mine near the headwaters of the largest sockeye salmon fishery in the world.

Meanwhile, Northern Dynasty Minerals Ltd., the Vancouver-based parent company of Pebble Limited Partnership, reports that a Feb. 24 letter indicated the corps accepted Pebble’s request for an administrative appeal.

Mike Heatwole, a spokesperson for Pebble Limited Partnership, said Saturday in an email Pebble looks forward to having the appeal fully vetted.

In an email, Luciano Vera, deputy chief of public affairs for the U.S. Army Corps of Engineers’ Pacific Ocean Division, said the division engineer determined that the state does not meet the definition of an “affected party.”

Gov. Mike Dunleavy vehemently disagreed with the determination in a fiery Friday news release.

“This is another example of the federal government imposing a flawed decision that blocks Alaska’s ability to responsibly develop its land and resources,” Dunleavy said in the release. “That authority and obligation were laid out in the Alaska Statehood Act and the Alaska Constitution, so I can’t overemphasize the far reaching implications that federal decisions like this have on our ability to have a sustainable and growing economy. This is a precedent setting decision that puts all possible resource development projects on State land at risk and cannot be accepted. We will not stop fighting for Alaska’s economic prosperity.”

The appeal efforts were not well-received by a tribal consortium working to protect the lands and waters of Bristol Bay.

“Recent updates on the efforts to appeal the Army Corps denial of the Pebble’s permit highlights the urgent need for permanent protections in Bristol Bay,” said United Tribes of Bristol Bay Executive Director Alannah Hurley in a statement provided by a spokesperson. “Ongoing questions surrounding Pebble’s appeal create uncertainty and confusion for all those who depend on Bristol Bay’s robust natural resources. The Tribes, communities and others who rely on Bristol Bay need the assurance of Clean Water Act protections that these pristine lands and waters will remain intact for years and generations to come.”

Exactly how soon a final decision regarding the accepted appeal will be made is unclear.

A corps division engineer typically makes a final decision on the merits of an appeal within 90 days of receipt of an acceptable request for appeal, according to the corps’ administrative appeal process. However, delays to a site visit can potentially extend the process.

According to the corps’ appeal process, in no case will such a delay extend the total process past a year from the date of receipt of an acceptable request for appeal.

• Contact Ben Hohenstatt at (907)308-4895 or bhohenstatt@juneauempire.com. Follow him on Twitter at @BenHohenstatt.

More in News

Attorneys Eric Derleth and Dan Strigle speak to Superior Court Judge Kelly Lawson during the opening arguments of State of Alaska v. Nathan Erfurth at the Kenai Courthouse in Kenai, Alaska, on Wednesday, July 16, 2025. (Jake Dye/Peninsula Clarion)
Opening arguments offered in Erfurth trial

The trial is set to continue for around two weeks, into early August.

Evacuees in Seward, Alaska, walk along Adams Street following a tsunami warning on Wednesday, July 16, 2025. (Photo by Jeff Helminiak/Peninsula Clarion)
Tsunami warning canceled following 7.3 earthquake near Sand Point

An all clear was issued for Kachemak Bay communities at 1:48 p.m. by the Kenai Peninsula Borough Office of Emergency Management.

The Ninilchik River on May 18, 2019, in Ninilchik, Alaska. (Photo by Michael Armstrong/Homer News)
Ninilchik River to remain closed to king salmon fishing

It was an “error in regulation” that would have opened the Ninilchik River to king salmon fishing on Wednesday.

A table used by parties to a case sits empty in Courtroom 4 of the Kenai Courthouse in Kenai, Alaska, on Wednesday, Dec. 11, 2024. (Jake Dye/Peninsula Clarion)
Nikiski woman sentenced to 4 years in prison for 2023 drug death

Lawana Barker was sentenced for her role in the 2023 death of Michael Rodgers.

Alaska State Troopers logo.
Seward resident arrested after Monday night police pursuit

Troopers say she led them on a high-speed chase on Kalifornsky Beach Road for around 7 miles.

Concert-goers listen to The Discopians at Concert on the Lawn on Saturday, July 12, 2025, at Karen Hornaday Park in Homer, Alaska. (Delcenia Cosman/Homer News)
‘Dancing at the end of the world’

KBBI AM 890 hosted their annual Concert on the Lawn Saturday.

Lisa Gabriel unfurls a set beach seine during a test fishery for the gear near Clam Gulch, Alaska, on Wednesday, July 9, 2025. (Jake Dye/Peninsula Clarion)
Seine test fishery continues after board of fish calls for more data

The east side setnet fishery has been entirely closed in recent years to protect Kenai River king salmon

Jason Criss stands for a photo in Soldotna, Alaska, after being named a qualifier for the Special Olympics USA Games on Thursday, July 10, 2025. (Jake Dye/Peninsula Clarion)
Soldotna athlete to compete in 2026 Special Olympics USA Games

Thousands of athletes from across all 50 states will be competing in 16 sports.

Most Read