Native Village of Kivalina Ira Council v. United States Environmental Protection Agency

Petitioners Native Village of Kivalina IRA Council, Native Village of Point Hope IRA Council, Alaska Community Action on Toxics, and Northern Alaska Environmental Center (collectively, Kivalina) appeal the United States Environmental Protection Agency Environmental Appeals Board’s (the EAB) order denying review of their challenges to a permit authorizing Intervenor Teck Alaska, Inc. (Teck) to discharge wastewater caused by the operation of the Red Dog Mine. The EAB concluded that Kivalina had not satisfied the procedural requirements to obtain review under 40 C.F.R. § 124.19 (a) because it did not demonstrate why the United States Environmental Protection Agency’s (the EPA) responses to comments were clearly erroneous or otherwise warranted review. We agree that Kivalina did not meet the requirements of § 124.19, and we deny Kivalina’s petition for review.

FACTUAL AND PROCEDURAL BACKGROUND

The Red Dog Mine is an open pit zinc and lead mine in northwestern Alaska, operated by Teck in partnership with Intervenor NANA Regional Corporation. The mine’s operations produce wastewater contaminated with metals through contact with mined materials and surfaces. After being…