EPA effort to block Pebble Mine in Alaska hits judicial bump

A federal judge in Alaska has temporarily barred the U.S. Environmental Protection Agency from exercising a veto of a permit needed to build the largest open pit mine ever proposed in North America.

The decision by U.S. district judge Russel Holland came in a lawsuit that alleges EPA violated the Federal Advisory Committee Act by working with opponents of the copper mine project.

Holland did not release a written opinion. He instead issued a verbal temporary restraining order from the bench.

The lawsuit is part of an effort by Pebble Limited Partnership, the developer of the mine, to bypass EPA’s opposition to its project, which would take up more land in the rugged and fecund Bristol Bay region than the entirety of Manhattan and obliterate the world-class salmon fishery there.

EPA had announced last summer that it would use its authority under section 404(c) of the Clean Water Act to reject a permit that would allow PLP to deposit fill into the bay. The agency plans to finalize that decision early in 2015.

Wednesday’s order by Judge Holland does not indicate that the court agrees with the merits of PLP’s allegations against EPA.

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