Document r1q2ky8LEKer3JYmML9japb7

Message From: Sent: To: CC: Subject: Bennett, Tate [/0=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECI PI ENTS/CN=1FA92542F7CA4D01973B18B2F11B9141-BEN NETT, EL] 5/15/2017 9:03:37 PM Millerick, Jayne [Jayne.Millerick@nh.gov] Ellms Jr, Christopher [Christopher.EllmsJr@nh.gov] RE: Intro at EPA / EPA and Pebble Limited Partnership Reach Settlement Agreement You bet. Thanks, Jayne! Chris, look forward to working with you. Tate From: Millerick, Jayne [mailto:Jayne.Millerick@nh.gov] Sent: Monday, May 15, 2017 4:58 PM To: Bennett, Tate <Bennett.Tate@epa.gov> Cc: Ellms Jr, Christopher <Christopher.EllmsJr@nh.gov> Subject: RE: Intro at EPA / EPA and Pebble Limited Partnership Reach Settlement Agreement Nice to meet you, Tate. Looking forward to working with you. I've copied Chris Ellms, Governor Sununu's policy advisor on environmental issues. Please reach out anytime if we can be of assistance. Best, Jayne Jayne Millerick Chief of Staff, Governor Christopher T. Sununu State of New Hampshire Jayne.Millerick@nh. gov | j Ex. 6 i From: Bennett, Tate [mailto:Bennett.Tate@epa.qov1 Sent: Friday, May 12, 2017 9:29 AM To: Bennett, Tate Cc: Bowles, Jack; Cook-Shyovitz, Becky Subject: Intro at EPA / EPA and Pebble Limited Partnership Reach Settlement Agreement Happy Friday! I wanted to take a quick second to introduce myself as the new Sr. Deputy Associate Administrator for Intergovernmental Relations (i.e. your liaison) at EPA in Administrator Scott Pruitt's Office. Please don't ever hesitate to give me a shout if I can be helpful. ( E x. 6 iis my direct. I also wanted to flag the below settlement agreement with Pebble Limited Partnership that was announced by EPA earlier this AM. Let me know if I can ever be helpful. Tate Elizabeth Tate Bennett Senior Deputy Associate Administrator Congressional and Intergovernmental Affairs Office of the Administrator U.S. Environmental Protection Agency Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00078366-00001 CONTACT: press@ epa.gov FOR IMMEDIATE RELEASE May 12, 2017 EPA and Pebble Limited Partnership Reach Settlement Agreement EPA Agrees to Allow Permit Process to Proceed; Pebble Agrees to Drop Lawsuits WASHINGTON --The U.S. Environmental Protection Agency entered into a settlement agreement with the Pebble Limited Partnership to resolve litigation from 2014 relating to EPA's prior work in the Bristol Bay watershed in Alaska. The settlement provides the Pebble Limited Partnership (Pebble) an opportunity to apply for a Clean Water Act (CWA) permit from the U.S. Army Corps of Engineers before EPA may move forward with its CWA process to specify limits on the disposal of certain material in connection with the potential "Pebble Mine." "We are committed to due process and the rule of law, and regulations that are 'regular'," said EPA Administrator Scott Pruitt. "We understand how much the community cares about this issue, with passionate advocates on all sides. The agreement will not guarantee or prejudge a particular outcome, but will provide Pebble a fair process for their permit application and help steer EPA away from costly and time-consuming litigation. We are committed to listening to all voices as this process unfolds." Key Terms of the Settlement: Pebble and the U.S. Department of Justice (on behalf of the EPA) will ask the U.S. District Court for the District of Alaska to dismiss the cases with prejudice and to lift the courtordered preliminary injunction. E P A agrees to commence a process to propose to withdraw the currently pending proposed determination, consistent with its regulations. E P A agrees that it will not move to the next step in its CW A process, which would be to issue a recommended determination (determination steps are: proposed, recommended, final), until 48 months from settlement or until the U.S. Army Corps of Engineers issues its final environmental impact statement, whichever comes first. To take advantage of this period of forbearance, Pebble would have to file its permit application within 30 months. Pebble will drop its lawsuits and requests for fees against EPA, and agree to file no new Freedom of Information Act (FOIA) requests during the pendency of the "forbearance" period. E P A may use its scientific assessm ent regarding the Bristol Bay Watershed without limitation. Background: Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00078366-00002 In 2014, under the previous administration, EPA's Region 10 completed a multi-year watershed assessment in Bristol Bay, and then issued a CWA Section 404(c) proposed determination, which described restrictions on large-scale mining in the watershed. Section 404 is the part of the CWA that governs the permit evaluation process for actions that discharge dredged or fill material into a covered water. The May 11, 2017 settlement does not guarantee or prejudge any particular outcome to this process, but does ensure that the process will be carried out in a fair, transparent, deliberate, and regular way. R082 If you would rather not receive future communications from Environmental Protection Agency, let us know by clicking here. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460 United States Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00078366-00003