Judge hears motion to dismiss suit over proposed Pebble Mine

  • By Mark Thiessen
  • Thursday, May 28, 2015 9:46pm
  • News

ANCHORAGE — A federal judge was considering Thursday whether a lawsuit alleging federal regulators were in cahoots with opponents of a proposed Alaska mine can proceed.

U.S. District Judge H. Russel Holland heard arguments in the case filed by Pebble Limited Partnership against the U.S. Environmental Protection Agency, which is seeking to have the case dismissed.

The EPA last year proposed restrictions that would essentially block development of the massive gold-and-copper mine near the headwaters of a premier salmon fishery in southwest Alaska. As part of the litigation, Holland ordered in December that the EPA stop all work related to the process pending a ruling on the merits of the case.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

In 2011, the EPA, petitioned by Alaska Native tribes and others to protect Bristol Bay, initiated a review that found that large-scale mining in the Bristol Bay watershed posed significant risks to salmon and Alaska Native cultures that rely on the fish.

The agency later invoked a rarely used process through which it could ultimately restrict or prohibit development of the mine to protect the fishery.

Pebble backers sued over that process but Holland ruled the legal action was premature. A panel of judges from the 9th Circuit Court of Appeals upheld Holland’s decision Thursday.

In the separate lawsuit that Holland heard Thursday, Pebble alleges that the EPA violated a federal law by establishing and working with groups of mine critics that essentially acted as advisory committees in the 2014 decision but failed to comply with requirements involving meeting notices and the providing of transcripts.

Brad Rosenberg, a U.S. Department of Justice lawyer representing the EPA, said the agency never created any of the subcommittees. He acknowledged that mine opponents contacted the EPA in attempts to sway opinion but said the Pebble Partnership also had numerous contacts with the EPA, including three meetings with the EPA administrator and 10 with the regional chief.

“If anything, Pebble had unprecedented access,” he said of the creation of the Bristol Bay Watershed Assessment report that served as the basis for the 2014 decision. “It just disagrees with the science.”

Pebble’s attorney, Roger Yoerges, said the EPA created defacto advisory committees to help find a way to block development of the mine.

“They knew the outcome from 2010 forward and manufactured a way to get there,” he said.

The government maintains Pebble can’t be considered an injured party because it was part of the process.

“What that presupposes is that nothing was going on behind closed doors,” Yoerges said.

“What we know is that plenty was going on behind closed doors.”

Holland said he would issue a written ruling at a later time.

Associated Press writer Becky Bohrer in Juneau contributed to this report.

More in News

Children leap forward to grab candy during a Fourth of July parade on South Willow Street in Kenai, Alaska, on July 4, 2025. (Photo courtesy Sarah Every)
Celebrating the 4th in the streets

Kenai comes out for annual Independence Day parade.

Fire crews respond to the Bruce Fire, July 4, 2025, in Soldotna, Alaska. (Alaska Division of Forestry)
Firefighting crews respond to wildfire outside Soldotna

The 8-acre fire and two “spot fires” of less than one acre each are located near Mile 102 and 103 of the Sterling Highway.

Robert Weaver was last seen at the Doroshin Bay public use cabin on June 25, 2025. (Photo provided by the Kenai National Wildlife Refuge)
Kenai wildlife refuge seeking information on missing man

Robert Weaver was last seen near Skilak Lake on June 25.

The Alaska Dive Search Rescue and Recovery Team conducts a training mission in Seward, Alaska in 2024. Photo courtesy of the Alaska Dive Search Rescue and Recovery Team
Anchor Point fundraiser to benefit Alaska rescue and recovery group

Alaska Dive Search Rescue and Recovery Team is an all-volunteer nonprofit organization established in 2016.

Kachemak Bay Family Planning Clinic staff (left to right) Angie Holland, RN; Jane Rohr, Sonja Martin Young, CNM; Robin Holmes, MD; and Cherie Bole, CMA provide an array of reproductive and sexual health services. (Photo provided by KBFPC)
Kachemak Bay Family Planning Clinic releases report on STI trends on the Kenai Peninsula

The report pulls from data gathered from 2024 to early 2025.

Pool manager and swim coach Will Hubler leads a treading water exercise at Kenai Central High School in Kenai, Alaska, on Tuesday, June 17, 2025. (Jake Dye/Peninsula Clarion)
Swimmers, parents call on Kenai to support Kenai Central pool

The KPBSD Board of Education last week said communities will need to step up and take over administration of pools within the next year.

Traffic passes by South Spruce Street in Kenai, Alaska, on Tuesday, June 10, 2025. (Jake Dye/Peninsula Clarion)
Kenai drops effort to rename South Spruce Street

The resolution would have changed the name to make it clear which road led to North Kenai Beach

Gov. Mike Dunleavy compares Alaska to Mississippi data on poverty, per-pupil education spending, and the 2024 National Assessment of Education Progress fourth grade reading scores during a press conference on Jan. 31, 2025. Alaska is highlighted in yellow, while Mississippi is in red. (Jasz Garrett / Juneau Empire)
Dunleavy calls special session for August

Lawmakers on Wednesday said they were surprised by the move.

Most Read