EPA DECLINES NOVEL PREEMPTIVE 404 VETO BUT MINE STUDY LEAVES DOOR OPEN

Abstract

In his May 18 letter to Rep. Darrell Issa (R-CA), chairman of the House Oversight and Government Reform Committee, EPA's Ganesan leaves open the possibility that EPA will issue a pre-emptive veto against the Pebble Mine, writing that although the agency has "made no decision on the use of 404(c) in Bristol Bay," the water law only requires that EPA make a 404(c) determination "prior to the issuance of any permit," and does not specify that the permit application must be filed before EPA makes its decision.