http://online.wsj.com/news/articles/SB10001424052702303603904579491643733173318?mg=reno64-wsj
Documents reveal a lawless attempt to block an Alaska mine project.
A basic precept of American democracy is that petitioners before their government receive a full and fair hearing. The Obama Environmental Protection Agency is in urgent need of that remedial civics lesson.
The EPA inspector general’s office last week announced it will investigate the agency’s February decision to commence a pre-emptive veto of the Pebble Mine project, a jobs-rich proposal to develop America’s largest U.S. copper and gold mine in southwest Alaska. EPA Administrator Gina McCarthy says her decision to strike down Pebble before it received a hearing shouldn’t worry other developers because Pebble is a “unique” threat. She needs to say this because the truth might chill billions of dollars in investment in the U.S.
The IG is looking into internal EPA documents that we’ve also obtained that show agency officials were maneuvering to kill Pebble more than five years ago, and that EPA’s main concern was building a façade of science and procedure to justify it.
This story goes back to the debate over the 1972 Clean Water Act, which gave the Army Corps of Engineers the power to evaluate projects and issue permits. Congress gave EPA only a secondary role of reviewing and potentially vetoing projects (with cause) under Section 404c. EPA has long chafed at this secondary role, which has made it harder to nix projects approved by the Corps.
EPA’s decision to initiate a veto process before Pebble had even received an Army Corps review is a disturbing first—and a flouting of the law. The internal documents refute EPA’s repeated claims that it began this process only in “response to petitions” from local Native American tribes in May 2010, and that peer-reviewed science drove its veto.
Emails show that EPA biologist Phillip North, based in Alaska and working on Pebble, was in 2008 advocating that his agency bring down the 404c hammer. “The 404 program has a major role” with Pebble, wrote Mr. North to Patricia McGrath, EPA’s regional mining coordinator for Alaska, in August 2008. By August 2009, Mr. North was pushing for EPA’s annual mining retreat to include a discussion about vetoing the project: “As you know, I feel that [Pebble] merit[s] consideration of a 404C veto.” The retreat included that discussion, though Pebble’s developer hadn’t yet applied for a permit.