US Gov't Legal Ability To Stop Pebble Mine KERRISDALE CAPITAL Why Northern Dynasty Minerals Ltd. (NAK) Is A Zero (Feb 14, 2017) [J]ust as a Republican EPA can withdraw a 404(c) veto, a Democratic EPA can reinstate it at any time, forever. Under the Bush administration, for instance, Mingo Logan Coal Co. received a permit for the discharge of certain materials into streams in West Virginia, only to lose it within two years once the Obama administration took over a measure recently upheld by the U.S. Court of Appeals as fully within the EPAs lawful powers. Given how quickly a change in political party triggered a change in policy even in the relatively obscure and minor case of Mingo Logan, we would expect the Pebble project, with its higher profile, grander scale, and deeper unpopularity, to be struck down promptly should the Democrats ever retake the presidency.