Trout Unlimited’s Legal Team Rallies to Defend EPA Clean Water Act Safeguards
Trout Unlimited’s legal team is stepping back onto the legal battlefield to defend EPA Clean Water Act 404(c) safeguards in Bristol Bay.
In March 2024, Northern Dynasty Minerals and the State of Alaska launched a multi-faceted legal assault, challenging the scientifically backed and widely supported Clean Water Act (CWA) safeguards that block the proposed Pebble mine.
Photo by Alaska Flyout Media
Today, Trout Unlimited’s legal team announced that we will be intervening in defense of CWA safeguards, which were enacted after 13 years of Tribal consultation, robust scientific scrutiny, and record-breaking public engagement, and were widely celebrated by fish advocates across the planet.
This threat has mobilized a diverse coalition of tribal, economic, and environmental stakeholders who also intervened in these lawsuits. While each intervening party will raise unique concerns, Trout Unlimited’s legal intervention will underscore the ecological and recreational importance of Bristol Bay and the incredible role it plays in America’s hunting and fishing heritage.
Photo by Alaska Flyout Media
What this means for the future of Bristol Bay
While we feel optimistic we will prevail in court and Clean Water Act safeguards remain standing, it will take a long time for lawsuits to move through the court system, causing continued uncertainty for the people and businesses of Bristol Bay. If the lawsuits seeking to overturn CWA safeguards are successful, Bristol Bay would be left incredibly vulnerable. These safeguards, which were finalized in 2023, are the region’s main line of defense against Pebble mine.
Pebble’s permit denial still stands even after they appealed the 2020 decision. Last month, the Army Corps of Engineers announced they could not issue a permit with CWA safeguards in place, thus denying the appeal. If these current lawsuits overturn the safeguards, the permit appeal could be revisited. This means Bristol Bay’s future rests upon the Clean Water Act and the outcome of these lawsuits.
This legal back and forth demonstrates the desperate need for more permanent protection for Bristol Bays world-class fish and wildlife resources. Alaska Congresswoman Mary Peltola has proposed just that by introducing legislation that would Congressionally prohibit the discharge of mine waste into rivers, lakes and wetlands that surround the Pebble deposit. Take action today to help us get the “Bristol Bay Protection Act” turned into law.
Photo by Alaska Flyout Media
History of Legal Defense
Trout Unlimited’s tenacious legal team is no stranger to deploying strategic litigation in the defense of Bristol Bay. In 2019, the EPA ignored their own science and potential risks of mining development and withdrew the proposed determination for CWA protections. Trout Unlimited sued the EPA, successfully arguing that science should take precedence over politics. We were victorious in our lawsuit, setting the CWA process back in motion, culminating in the establishment of final protections in January 2023.
TU’s legal involvement in this current iteration of lawsuits will bring vital insight to the court into the recreational and ecological significance of the Bristol Bay region. Our past legal actions have proved to be pivotal in reinstating and defending CWA protections and we plan to keep it that way. As we step back into the courtroom once more, we carry with us a legacy of legal victories and a determination to continue this winning streak for the people and fish of Bristol Bay.