Case Summary Citation
687 F.3d 1216 (9th Cir. 2012)
Abstract
In this case, the Ninth Circuit affirmed the United States Environmental Protection Agency Environmental Appeals Board’s order denying review of petitioners’ Native Village of Kivalina IRA Council (Kivalina)’s challenge of a permit issued to the mining company Teck Alaska, Inc. Teck’s permit allows the company to discharge wastewater from the Red Dog Mine into the Wulik River in northwestern Alaska, near the Kivalina village. The Ninth Circuit held that Kivalina failed to address the United States Environmental Protection Agency’s allegedly inadequate responses to Kivalina’s public comments on the proposed permit. Thus, the United States Environmental Protection Agency Environmental Appeals Board properly denied Kivalina’s request for review.