In a significant move just before adjourning the Alaska House of Representatives, Speaker Bryce Edgmon, I-Dillingham, introduced a bill aimed at prohibiting metals mining in the Bristol Bay watershed.
House Bill 233 seeks to expand on the Environmental Protection Agency’s (EPA) 2023 decision that barred permits for the contentious Pebble project in the region.
This action, initiated by the Biden administration and rooted in a process that began during the Obama administration, utilized a seldom-invoked provision of the Clean Water Act to impede development of a massive copper and gold mine upstream from the famed salmon-rich Bristol Bay.
Under Edgmon’s bill, metallic sulfide mining—commonly known as hard-rock mining—would be banned in the area designated as the Bristol Bay Fisheries Reserve, an initiative established in 1972 by the state Legislature to prevent oil and gas development in the region.
Jay Hammond, who was then the president of the state Senate and later became governor, led the effort to create this reserve.
House Bill 233 builds upon the prohibitions championed by Hammond, extending them to include mining activities.
The bill’s text emphasizes that the reasons for the 1972 action “also warrant new protections” to prevent potential pollution from hard-rock mining that could threaten the area’s river systems, groundwater, aquifers, and any drainages that connect to Bristol Bay’s surface water.
Given Edgmon’s roots in the Bristol Bay region, the bill holds particular significance for him.
The proposed legislation will be taken up next year alongside other pending measures in the 34th Legislature.
Alannah Hurley, executive director of a consortium of Native tribal governments in Bristol Bay, expressed her support for the bill, stating it would provide necessary protections alongside the EPA’s decision.
According to Hurley, this protection is crucial due to the “uncertainty that we’re continuing to face” from ongoing litigation brought forth by the Pebble project’s sponsors, Northern Dynasty Minerals Ltd. and its subsidiary, the Pebble Limited Partnership.
These entities have initiated legal action to overturn the EPA’s 2023 determination, which remains in progress.
Additionally, the state of Alaska, under Governor Mike Dunleavy’s direction, has filed its own lawsuit against the federal government regarding the EPA’s decision.
Hurley highlighted that House Bill 233 would not only uphold the EPA’s determination but would also prevent the emergence of other metallic mines in the region.
She pointed out that about 20 active claims exist that have the potential to be developed into sizable metals mines, albeit likely not on the scale of the proposed Pebble project.
If the bill were to pass, it would eliminate the risk of dealing with multiple mining claims over an extended period.
The impetus for such legislation is not new; Hurley noted that protecting the Bristol Bay watershed has been a longstanding concern among tribal leaders.
She remarked, “We need the EPA protection, but we also need legislation to really protect the watershed.”
Previously, similar legislative efforts were taken at the federal level by former U.S. Representative Mary Peltola, D-Alaska, who introduced the Bristol Bay Protection Act last year.
This act aimed to codify the EPA’s stipulations against permitting a Pebble-like mine in the Bristol Bay watershed but ultimately failed to advance in committee.
Peltola’s recent loss in the elections to current Representative Nick Begich, R-Alaska, has shifted focus back to state legislation.
Hurley expressed that the outcome of Peltola’s reelection has been a source of frustration for those advocating for the protection of Bristol Bay, as hopes to make progress through Congress have diminished.
The Alaska Legislature has seen similar initiatives in the past.
For instance, Representative Andy Josephson, D-Anchorage, had attempted to introduce measures in 2015 and 2017 that aimed to mandate legislative approval for any large-scale metallic sulfide mine in the Bristol Bay Fisheries Reserve; however, both attempts were ultimately unsuccessful.
Josephson is now a co-sponsor of Edgmon’s current bill, indicating continued legislative interest in protecting the region.
While representatives from Northern Dynasty and the Pebble Limited Partnership did not respond for comment regarding the new bill, Governor Dunleavy’s office remains noncommittal.
Dunleavy has historically been supportive of the Pebble project, but his spokesman, Jeff Turner, stated that the Governor’s office typically refrains from commenting on legislation until it has passed.
With the introduction of House Bill 233, the dialogue surrounding the future of mining in Bristol Bay is poised to continue, reflecting a deep and ongoing struggle over the environmental and economic fate of this vital region.
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