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The state of Alaska has requested a district court to stay its lawsuit against the U.S. Environmental Protection Agency (EPA) on the agency's blockage development at Pebble mineral deposit in southwestern Alaska. The state argues that litigation over the water remains stalled as long at the EPA keeps these documents from being released to taxpayer-funded independent researchers.

On Tuesday, Alaska filed a motion to stay the case, arguing that "EPA has wrongfully withheld nearly 750 documents from one of the most important records before this Court and sought to entirely shield these documents through an overly broad protective order." The state opposes the order, saying that the EPA has not given enough reason to prevent people from seeing what is in those records.

Alaska, in its motion for a stay, said it ""has good cause to require the stay"" and sought U.simpsity because going forward absent a complete knowledge of the administrative record prejudices Alaska. The state also noted the difficulty in meeting local rule 21-day deadline to file a motion to supplement the record without access to all relevant documents.

Alaska Seeks Pause In Mining Row Suit With EPA : Background of the Lawsuit

Alaska filed the suit in April after alleging that EPA by rejecting discharge sites for dredged or fill material using authority under the Clean Water Act was superceding State primacy as established through various federal law including 1953's Statehood Act and Public Law 94-204 also known as the Cook Inlet Land Exchange of 1976. The EPA released a final determination in January 2023 freezing all development at the Pebble mineral deposit, one of Alaska's largest copper, gold and molybdenum mines.

Alaska, which is leading the lawsuit, argues that this restriction unfairly quashes it from developing a "massive world-class" mineral deposit capable of providing significant economic windfalls.

Legal Representation

Alaska is represented by Norman D. James and Tyler D. Carlton of Fennemore Craig PC and Treg Taylor and Ronald W. Opsahl of the Alaska Department of Law Representing the EPA are Todd Kim, Mark A. Nitczynski, and Elisabeth H. Carter of the U.S. Department of Justice's Environment and Natural Resources Division and S.Lane Tucker from US Attorney's Office for The District Of Alaska