SCOTUS denies Alaska's Pebble motion

After waiting for nearly half a year on the U.S. Supreme Court's response to Alaska's petition to repeal the Environmental Protection Agency's veto of the Pebble project, Northern Dynasty Minerals Ltd. was disappointed to report the state was denied its request to take its case directly to the highest judicial body.

At the beginning of 2023, the EPA issued a final determination regarding the waters surrounding the lands of the Pebble project, ultimately barring the project from likely ever being advanced to any stage of development beyond initial exploratory steps.

Feeling the rights of the state were infringed upon, per Alaska's founding constitution, Alaska Attorney General Treg Taylor filed a motion to leave – a special legal procedure that asks permission to deviate from established rules – at the end of July, arguing that EPA's veto is a breach of contract between Alaska and the federal government.

In an unsurprising decision, U.S. Supreme Court justices decided not to take up Alaska's petition to review its claims of the EPA's Pebble veto being illegal.

"While it is a disappointing decision, it is important to note that this is not a comment on the arguments put forward by the state," said Pebble Limited Partnership CEO John Shively. "We have long stated our belief that the EPA has acted outside of its regulatory authority and that remains our position today. The legal issues raised by the state will now work their way through the federal courts. We will also evaluate our legal options in contesting the extraordinary steps the EPA has taken to preemptively stop the Pebble project."

With the shot-in-the-dark expedition of its legal grievances falling through, it can be surmised that state officials had planned accordingly for such an outcome.

Given the economic benefits such a project would provide for not only the state and its residents but also for the looming scarcity of critical minerals needed to fuel the ongoing renewable energy transition, this is just another setback in a long line of setbacks that have become synonymous with Pebble – thus begins the next saga of contention for this world-class copper project in Southwest Alaska.

"Pebble is an important project for Alaska and the nation," added Shively. "It could create jobs for Alaskans, provide an economic catalyst for the state and provide a much-needed source of critical minerals for the long-term safety and security of the United States."