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American Resources Policy Network
Promoting the development of American mineral resources.
  • EPA Withdrawal of Preemptive Veto of Alaska Strategic Mineral Mining Project Positive Development for Due Process

    Amidst a recent uptick in government actions aimed at increasing domestic mineral resource development, the U.S. Environmental Protection Agency (EPA) earlier this month withdrew its preemptive proposed determination to restrict use of one of the largest domestic deposits of key strategic mineral resources (Copper, Molybdenum, Gold, Silver and Rhenium) in Southwestern Alaska. 

    As followers of ARPN may recall, the agency’s 2014 decision represented an unprecedented early action to derail the development of the so-called Pebble Deposit.  In spite of the fact that no permit application or specific plans had been submitted, the agency released a cursory review of the Bristol Bay Watershed in Alaska which sounded the alarm on the possible impact of hypothetical mining – even though previous EPA assertions of such preemptive power had been rebuffed in federal court.

    The EPA’s decision to preemptively veto the project before any application had been filed represented a unilateral expansion of EPA powers under section 404(c) of the Clean Water Act.

    According to the EPA press release, “the agency can continue its focus on fulfilling its responsibilities under the Clean Water Act to work with the Army Corps to review the permit.”

    The release goes on to say:

    “Today’s action does not approve Pebble’s permit application or determine a particular outcome in the Corps’ permitting process. Instead, it allows EPA to continue working with the Corps to review the current permit application and engage in the National Environmental Policy Act (NEPA) process.”

    As ARPN’s principal Dan McGroarty stated last year

    “With the growing recognition that the U.S. is dangerously dependent on foreign supply for scores of critical minerals and metals, the need for a predictable permitting process has never been greater. The pre-emptive veto of the Pebble Project casts a chilling effect over resource development in the U.S.  […]to allow a pre-emptive veto to stand is ‘contrary to the spirit of our environmental protection laws, to due process, and to basic fairness.”  

    Thus, seeing the preemptive determination revoked is a positive development that will allow due process and a rigorous review to take its course. 

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  • Coalition of Congressional Members and Stakeholders Call on EPA to Reverse Pre-emptive Veto and Restore Due Process to U.S. Mine Permitting  

    Earlier this month, the Congressional Western Caucus led a coalition of Members of Congress and Stakeholders to call on EPA Administrator Scott Pruitt to reverse a pre-emptive veto of the Pebble Mine project in Alaska.

    The veto stopped the project before it had formally applied to begin the permitting process — a unilateral expansion of EPA powers under section 404(c) of the Clean Water Act.  Mr. Pruitt had originally stated he would reverse the decision and restore due process — but then abruptly changed course earlier this year.

    Said Daniel McGroarty, principal of ARPN, which is also a signatory of the letter:

    “With the growing recognition that the U.S. is dangerously dependent on foreign supply for scores of critical minerals and metals, the need for a predictable permitting process has never been greater. The pre-emptive veto of the Pebble Project casts a chilling effect over resource development in the U.S.  As the letter says, to allow a pre-emptive veto to stand is ‘contrary to the spirit of our environmental protection laws, to due process, and to basic fairness.”  

    To read the full letter, and other stakeholder statements on the issue, click here.

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  • EPA Settlement on Pebble Deposit Positive Development for Due Process Advocates

    A few years ago, the U.S. Environmental Protection Agency (EPA) made a splash when it took unprecedented early action in an effort to derail the development of one of the largest domestic deposits of key strategic mineral resources (Copper, Molybdenum, Gold, Silver and Rhenium) – the so-called Pebble Deposit in Southwestern Alaska.  In spite of the fact [...]
  • Interview: AEMA’s Laura Skaer – The Mining Industry’s Challenges and a Look Ahead

    For the last few months, politics has sucked up much of the oxygen in Washington, DC and around the country.  With the inauguration of the 45th President of the United States behind us, many of us are hopeful that the time has come to finally shift the focus away from politics toward policy. Against the backdrop [...]
  • 2016 – A Mixed Bag for Mineral Resource Policy

    It’s that time of the year again.  And as people are gearing up for the New Year, we are taking the opportunity to take stock of the last twelve months, and want to highlight a few select notable developments of relevance to ARPN followers. From a mineral resource policy perspective, we saw some positive developments [...]
  • The EPA’s Latest Push to Regulate Mining Companies – A Solution in Search of A Problem

    If the Environmental Protection Agency (EPA) has its way, the nation’s miners will be saddled with a new regulation that is akin to a solution in search of a problem.  In the process, it would effectively duplicate other federal agencies’ responsibilities, preempt state authority, and potentially cripple an important industry. ARPN President Daniel McGroarty discusses [...]
  • ARPN’s Daniel McGroarty in the Wall Street Journal

    ARPN’s Dan McGroarty reports a worrisome development in the saga of EPA’s unprecedented use of pre-emptive veto power to stop Alaska’s proposed Pebble Mine even before a mine plan is presented for review: Anti-mining activists are urging EPA to dust off its veto pen again. And again. Noting a common thread between new pushes for [...]
  • Op-ed: How the EPA Sticks Miners With a Motherlode of Regulation

    The following op-ed by American Resources Principal Dan McGroarty was published in the Wall Street Journal on January 3, 2014. The original text can be found here. How the EPA Sticks Miners With a Motherlode of Regulation The years-long wait for mining permits in the U.S. is the worst in the world. On Dec. 13, [...]
  • Farmers React to EPA’s New Water Rule

    ARPN’s Dan McGroarty wrote earlier this month about EPA’s newly-proposed redefinition of water – warning that: “…the issue isn’t just mining. Couple the expansive new water rule to EPA’s unilateral extension of its “dredge and fill” powers, and there’s no reason that oil and gas projects won’t be next. Ditto major construction, transportation routes, and [...]
  • As EPA Administrator visits Bristol Bay, environmentalists repeat call for preemptive veto

    While Members of Congress spent some time in their home districts last month, EPA Administrator Gina McCarthy traveled to Alaska to discuss the President’s climate action plan and hear arguments from stakeholders in the Bristol Bay area on the proposed Pebble mine. Opponents of the project used the occasion to once more push for a [...]

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