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I’m calling this @PebbleProject thread $NAK: Endgame.
Last Friday, a rule took effect adding mining as a sector of projects eligible for coverage under Title 41 of the Fixing America's Surface Transportation Act (FAST-41). https://www.federalregister.gov/documents/2021/01/08/2021-00088/adding-mining-as-a-sector-of-projects-eligible-for-coverage-under-title-41-of-the-fixing-americas
Last Friday, a rule took effect adding mining as a sector of projects eligible for coverage under Title 41 of the Fixing America's Surface Transportation Act (FAST-41). https://www.federalregister.gov/documents/2021/01/08/2021-00088/adding-mining-as-a-sector-of-projects-eligible-for-coverage-under-title-41-of-the-fixing-americas
The mining industry had pushed for this for some time. While there was an argument that mining projects could qualify as “covered projects” under FAST-41, there was no guarantee.
In 2017, Tom Collier asked for mining to be added so there would be no question.
In 2017, Tom Collier asked for mining to be added so there would be no question.
Why, is FAST-41 so great? As the head of the Fed Permitting Improvement Steering Council put it, “it’s the strongest legal endgame that exists” for certain projects.
https://www.miningnewsnorth.com/story/2019/12/06/news/can-dc-agency-shorten-mine-permitting/6096.html?m=true
https://www.miningnewsnorth.com/story/2019/12/06/news/can-dc-agency-shorten-mine-permitting/6096.html?m=true
There is little to no judicial review, and the act allows the FPISC to resurrect certain environmental projects upon the submission of “new information” or emergence of a “significant circumstance.”
https://www.law.cornell.edu/uscode/text/42/4370m-4
https://www.law.cornell.edu/uscode/text/42/4370m-4
For instance, the provisions allow the consideration of certain SUPPLEMENTAL environmental review information...
LIKE THE STATE WATER QUALITY CERTIFICATION Alaska had 4 months to complete but didn’t.
https://twitter.com/wokelawyer/status/1343619869401624579
LIKE THE STATE WATER QUALITY CERTIFICATION Alaska had 4 months to complete but didn’t.
https://twitter.com/wokelawyer/status/1343619869401624579
Remember a few days after the permit denial when Mike Heatwole went on @PTFAlaska and pointed out “something nobody has mentioned yet”? https://twitter.com/wokelawyer/status/1333966358019792897
https://twitter.com/wokelawyer/status/1333966358019792897
Is it possible that some agency or agencies were waiting for the mining to be added to FAST-41 before they submitted the required documentation (state water certification or ESA biological opinion)?
All I know is the that “a raft of decisions” is expected tomorrow, including FAST-41 projects that have nothing to do with @PebbleProject and “other steps” that may have everything to do with pebble.
I also know that the $NAK sp nearly DOUBLED over the past 2 weeks with 130 mil vol yesterday despite:
1) A denied permit;
2) No appeal filed yet;
3) A Trump concession; and
4) No politician explicitly supporting @PebbleProject in months.
1) A denied permit;
2) No appeal filed yet;
3) A Trump concession; and
4) No politician explicitly supporting @PebbleProject in months.
Is it a coincidence that we are seeing brand new attack campaigns from pebble opposition groups for a DENIED PROJECT days before Biden takes over?
To be sure, there is a lot to unpack in FAST-41, and absolutely nothing could happen tomorrow. If that’s the case, I remain firmly convinced about one fact...
@PebbleProject is too big to fail. https://twitter.com/wokelawyer/status/1341225440275558401
@PebbleProject is too big to fail. https://twitter.com/wokelawyer/status/1341225440275558401
