Do we have Gov. Dunleavy's Reaction (to the supposed decision delay) yet?
I have a few suggestion for the State of Alaska and the Governor as to how this news should be handled. This may bring a quick decision by the Corp or start a new adventure into States' Rights and the US Constitution. Bring it on:
If I were the Governor or Sec of State, I'd just call in the Army officer in charge of the ACOE and the approval process, thank him for the assistance in the preparation of the FEIS and then notify him that under the authority granted to the State of Alaska by the US Constitution, his official duties are no longer deemed necessary by the State.
The Governor should immediately announce that the State of Alaska will now be managing its own resources and will no longer be relying on Federal Government Approval of mining in Alaska.
This is taking another step regaining a State's Rights and establishing independence from the Federal Government in managing its state.
Then I would call a meeting with NEM, GOLD, and other major mining companies to discuss the process needed to begin building their support needed to get this mine and several others, who are awaiting ACOE and EPA approvals.
Then I would call together Alaska's state mining licensing and regulators to develop a strategy to replace the process instituted by the EPA and other Federal resources which have been empowered to regulate and approve mines in Alaska. The whole process, from start to finish, must be cost effective for both the mines and the state government.
It is critical that the whole process must be new and freshly developed, not mirror the burdensome Federal process and delays for public comment and subsequent steps. All process steps should be accomplished to the maximum extent possible at the same time so as not to impose costly delays is moving through the approval processes.
Issues used against the Pebble Mine by the EPA and ACOE should be a focus to prevent the use of Federal Agency Administrators from applying vague, arbitrary and capricious interpretations of regulations or the introduction of new or "last-minute" objections for administrative property use or easement claims for the purpose of delaying or denying the process of granting or limiting a legitimate and lawful application for a State mining approval, licenses and permits.
Last minute claims of special property rights, not raised at the initiation of the mine approval process will be dismissed as politically motivated and may result in a criminal charges against the parties filing such a charge and the right for a civil action needed to cover court and legal costs by the State or targeted stake holders.
Only critical issues involving the environment and the impacts on wildlife should be addressed. The waste involved in identifying every plant and animal should STOP. What a waste of time and money.
The entire process for approval of a mine should not exceed 1 year, unless special circumstances warrant additional time, but not to exceed 2 years, start to finish.
Any public comments should be allowed during the entire process, but outside interference from environmentalists shall be prohibited and considered as a felony directed at delaying of interfering with public officials and office holders in the course of their duties and responsibilities to the State of Alaska.
Any “outside interference” by the Federal government or injunctive relief filed in Federal or State courts should be considered as political and the courts and Governor shall be allowed to dismiss any action, with prejudice, brought as an attempt to interfere with or deny Alaska’s Constitutional Right to self-rule and the protection of Alaska’s citizens.
Laws should be considered by the State’s legislature to permit both criminal and civil actions to be brought by stakeholders who feel their rights and the rights of the State are being abused and infringed upon by the defendants.
All court actions brought against the State or stakeholders involved in securing mining “permits” or during any step in the process of securing Alaska State Mining approval shall require proof of financial capability and a cash security bond to delivered to the State’s Treasurer upon the date of any filing.
Loss of a civil action or denial by the court “for cause” to hear a suit will result in the plaintiff having to pay all court costs for both sides, to include legal fees, ordinary travel expenses, food and housing in Alaska, transportation costs and other related incidental administrative costs incurred by the court or the defendant(s). This requirement that a cash bond be provide by the plaintiff(s) to cover costs must also be provided by any Federal agency administrator or official Federal Official, to include members of Congress and their staff.