A Veto for Scott Pruitt Reversing the lawless Pebble Mine veto would send a good message.
http://www.wsj.com/articles/a-veto-for-scott-pruitt-1485217046
The Trump Administration has a long to-do list, not least at a lawless Environmental Protection Agency. Sending early signals will be important, and one opportunity for Administrator nominee Scott Pruitt would be to revoke the Pebble Mine veto.
In February 2014 the EPA took the unprecedented step of issuing a pre-emptive veto, blocking a proposal to create America’s largest copper and gold mine in southwest Alaska. The veto was a message to every developer that EPA would stop any project the environmental left opposed—with no hearing and sham science.
Under the Clean Water Act, the Army Corps of Engineers has the primary job of evaluating projects. The law gives EPA a secondary role of reviewing a project, and then potentially vetoing one—though only with cause. EPA Administrator Gina McCarthy’s decision to veto before Pebble had even applied for permits or received a Corps review was a first in the Clean Water Act’s history.
A subsequent 346-page investigation (requested by Pebble) by former Senator and Defense Secretary William Cohen provided evidence that EPA had decided on its veto as early as 2010. That was well before native tribes (with EPA encouragement) asked the agency to intervene. EPA then built a façade of science and procedure, inventing a phony watershed assessment based on a hypothetical mine to justify its veto.
Internal agency documents show that EPA staff and officials were also in constant contact with activists who opposed the mine. The Cohen report noted that the evidence raised “serious concerns as to whether EPA orchestrated the process to reach a predetermined outcome; had inappropriately close relationships with anti-mine advocates; and was candid about its decision-making process.”
The Pebble veto is above all a trammeling of state’s rights. Alaska owns the land for the project and protested EPA’s decision to cut the Corps and state out of the process. The Pebble proposal is controversial even in Alaska, with arguments on both sides. But the state’s residents, legislators and regulators were robbed of influence by a federal agency that pre-empted the normal process. The EPA essentially set itself up as the sole regulator of every watershed in the country.
As Oklahoma Attorney General, Mr. Pruitt has had a special interest in the rights of states under the Constitution and cooperative-federalism statutes like the Clean Water Act. Revoking the EPA’s pre-emptive veto of Pebble would require a few lines in the Federal Register. But it would send a powerful message that the Trump Administration intends to require agencies to follow federal law and restore its traditional partnership with the states.
This would also reassure developers that they can count on a fair hearing—a message that could unlock billions of dollars of investment and create thousands of new jobs.
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