Under the Clean Water Act, the EPA can invoke the rarely used section 404(c) authority , which bars the Army Corps of Engineers from issuing a federal permit on the grounds that a project would harm the region’s waterways, fish and wildlife.
The EPA issued a draft watershed assessment last year saying the mine would probably cause the loss of between 54 and 89 miles of streams and between four and seven square miles of wetlands, and any mining accident there could cause serious damage to the salmon habitat. Agency officials are accepting comments on the analysis until June 30 and have said they have not decided what action they plan to take on the proposed mine.
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