On Sept 9, the U.S. Environmental Protection Agency (EPA) announced that it would move to vacate its 2019 decision to withdraw proposed protections for Bristol Bay and reinstate the agency’s earlier 2014 Proposed Determination. These proposed protections would limit the amount of waste water and mine waste discharge that could be released in to Waters of the United States in the Bristol Bay region.

The announcement comes in the wake of a lawsuit brought by Trout Unlimited against the withdrawal decision and recent ruling in favor of TU by the Ninth Circuit Court of Appeals.

As wild salmon populations decline globally, Bristol Bay's prolific wild salmon runs and the economies they support make it a place of international importance. This summer, over 65 million sockeye salmon returned to Bristol Bay, breaking the all-time run record for sockeye salmon returning to the bay. Healthy salmon runs underpin the Bristol Bay region’s economic, social, cultural and ecological well-being. More than 30 Alaska Native Tribes in the region depend on salmon to support traditional subsistence ways of life.

Clean Water Act 404(c) protections were first introduced in 2014 under the Obama Administration’s EPA, with significant input from local communities and watershed science experts. While the proposed protections would have limited and restricted mining waste from being discharged into Waters of the United States in the Bristol Bay region, these protections were never finalized.

Take action to help finalize protections for Bristol Bay today.

In 2019, the EPA under the previous administration suddenly announced that it would begin to withdraw the proposed protections for Bristol Bay. Citing clear violations of the Clean Water Act and Administrative Procedures Act, Trout Unlimited sued the EPA for its decision to withdraw the proposed protections.

Things got off to a rocky start. Not only did the EPA argue our case should be dismissed, but Alaska Gov. Mike Dunleavy and the state of Alaska intervened in the lawsuit against TU, choosing to side with the proposed Pebble mine instead of standing with Alaskans who seek to protect Bristol Bay and the thousands of American jobs it sustains. In April, 2020, the court sided with the EPA, and dismissed TU’s case.

But the organization did not give up. With gold-star representation from D.C.-based law firm, Sheppard, Mullin, Richter and Hampton LLP, TU filed an appeal that took the case before the Ninth Circuit Court of Appeals for review. After more than a year of review, the court sided with TU, setting the stage for this week’s announcement by the EPA. The EPA will vacate its decision to withdraw the proposed protections and will reinstate the 2014 Proposed Determination for Bristol Bay.

Today’s announcement is a major step in the right direction towards establishing safeguards for the people, fish and fish-based industries in Bristol Bay. TU will work with EPA to make sure these Clean Water Act protections are finalized, but we also know that Congressional legislation is needed to ensure that Pebble—or another mining company—do not return in the future with plans to develop in the Bristol Bay region.

“This is a smart and significant step toward putting more durable protections in place for Bristol Bay’s fish, clean water, communities and businesses. This is an important layer of protection that makes it much more difficult for the Pebble Partnership, or any other companies in the future, to mine the Pebble ore deposit. Now is the time to get these much-needed protections across the finish line, and we look forward to working with EPA and Congress to get it done. Let’s put the Pebble mine proposal in the review mirror for good so we can focus on a bright, prosperous and fish-filled future for Bristol Bay.” - Nelli Williams, Alaska director for Trout Unlimited.

Clean Water Act protections, paired with Congressional legislation, offer the most durable levels of protections to withstand changes in the political climate, and are the meaningful protections that are wanted by local communities and business owners.

Tell your Members of Congress to now support a legislative solution for Bristol Bay.