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

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.

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

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

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

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

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.

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