Today, the Environmental Protection Agency announced its revised Proposed Determination (PD) for Bristol Bay, taking a big step forward in finalizing Clean Water Act 404(c) protections for southwest Alaska. The move was applauded by Alaskans and anglers around the country. The release of the revised PD also initiates a 40-day public comment period.
Submit a comment telling EPA you support proposed Clean Water Act protections for the region.
If these proposed protections are finalized, they will prohibit and restrict the discharge of mine waste into rivers, streams and wetlands of the North and South Fork of the Koktuli River and Upper Talarik Creek, rivers that would be heavily impacted if the Pebble mine was built.
Last year, EPA Administrator Michael Regan announced that “the Bristol Bay Watershed supports the largest sockeye salmon fishery in the world and highlights the essential benefits that clean water provides to the environment and to communities across the country... EPA [is committed] to making science-based decisions to protect our natural environment, prevent pollution, and protect a sustainable future for all Americans.”
Expanding the scope of the Proposed Determination demonstrates the EPA is committed to ensuring durable protections for the Bristol Bay fishery.
In addition to EPA’s announcement, the agency also will open another public comment period for residents in Bristol Bay, Alaskans and people nationwide to weigh in. In the past, more than 1.5 million public comments were submitted in support of Clean Water Act protections for the Bristol Bay region. Comments are needed once again to update the public record and tell the EPA that, 8 years later, people remain opposed to large mines in Bristol Bay’s headwaters and support protecting fish and fish habitat.
Please submit a comment here today.
This is the latest step in a 10 year+ process to advance Clean Water Act safeguards for Bristol Bay. In 2010, local Tribes, commercial fishing groups and TU requested the EPA use section 404(c) of the Clean Water Act to be applied in the region. After multiple rounds of scientific assessment and review, and more than 1.5 million comments (including tens of thousands from Alaskans) of support for safeguarding Bristol Bay, the EPA moved forward with 404(c) protections in 2014. Despite widespread support and strong science, the EPA was unable to finalize its first PD in 2014 due to lawsuits brought by the Pebble Limited Partnership, attempting to delay and halt the process. The lawsuit put the Clean Water Act process on hold until 2019 when the Trump Administration EPA suddenly and illegally withdrew the 2014 PD. Trout Unlimited sued the EPA over its decision and ultimately won after the court concluded the EPA violated the Administrative Procedures Act and Clean Water Act by ignoring science and the potential impacts of mining on the rivers, streams and wetlands of the Bristol Bay region. After nearly three years of legal battles and a trip to the Ninth Circuit Court of Appeals, Trout Unlimited won its lawsuit, which put the PD back in place and required the EPA to restart its 404(c) process to finalize the Clean Water Act protections. Read more about Trout Unlimited lawsuit against EPA here.
Now, we have an opportunity to finalize Clean Water Act protections for the Bristol Bay region and help ensure that the proposed Pebble mine or others like it won’t come back. Please take action now by commenting your support to the EPA, and stay tuned for the next call to action.