Pebble case against biased EPA process advances

PLP CEO Tom Collier issued the following statement regarding the decision by U.S. District Court Judge H. Russe l Holland denying the Environmental Protection Agency’s motion to dismiss the Pebble Limited Partnership’s lawsuit that EPA had violated the Federal Advisory Committee Act (FACA):

“Today’s decision is a significant victory for Pebble as it allows us to advance our case. The judge’s decision says that we have raised plausible claims that EPA improperly utilized input from anti-mining groups in the establishment of the Bristol Bay Watershed Assessment. The Preliminary Injunction preventing the EPA from advancing its preemptive veto against Pebble remains in place.

“We will now seek discovery – to depose federal employees and external third-parties, and develop additional evidence regarding allegations that EPA allowed anti-mine activists inappropriate access and influence with respect to EPA actions against Pebble. We look forward to advancing our case in court over these very serious allegations.

“We are convinced the EPA has pursued a biased process against our project that then drove their actions toward a predetermined outcome. Our fight with the EPA has been about a fair and transparent process for objectively evaluating a development plan for our project once we have presented it via the permitting process. In addition to this case, we are seeking documents to show the EPA’s lack of transparency and action under the Freedom of Information Act; we are awaiting the results of a review from the EPA’s Inspector General into EPA misconduct; and we have commissioned an independent investigation of the EPA’s improper actions against us via the Cohen Group.”