Sound mining in the North : a guide to environmental regulation and best practices supporting social sustainability

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“Utilization, Development and Conservation” of Natural Resources for the Maximum Benefit of Alaskans: Scrutinizing Alaska’s Permitting Regime for Large Mines

This Article disputes analyses and conclusions presented in an article about Pebble Mine published in the Alaska Law Review’s June 2008 issue. This Article discusses the history of mining in Alaska and the Pebble Project and describes the permitting regime applicable to mining exploration or development projects as it has been developed by the Alaska Legislature and the United States Congress, implemented by state and federal administrative agencies, and interpreted by federal and state courts. The Authors argue that the mining industry in Alaska has not historically proved detrimental to the fishing industry and that numerous and adequate legal safeguards are provided by the existing permitting regime. They also dispute the previous article’s conclusion that development of the Pebble resource would harm fisheries. This Article concludes that a change in state law by which the owners of the Pebble resource are barred from developing the known deposit would effect a compensable regulatory taking

Sustainable mining, local communities and environmental regulation

Sustainable mining is an objective as well as a tool for balancing economic, social, and environmental considerations. Each of these three dimensions of mining – and sustainable development – has many components, some of which were chosen for closer study in the SUMILCERE project. While there is no single component that in itself provides a definitive argument for or against sustainable mining, the research reveals some that have proven valuable in the process of balancing the different dimensions of sustainability. In the SUMILCERE project, comparative studies enabled us to identify factors such as the following, which are essential when discussing the balancing in practice of the three dimensions of sustainable mining cited above: the framework and functionality of environmental regulation to protect the environment (environmental sustainability); the competitiveness of the mining industry in light of environmental regulation and its enforcement (economic sustainability); public participation and the opportunities local communities have to influence their surroundings, as well as communities’ acceptance of projects (social sustainability) before and during operations; and the protection of Sámi cultural rights in mining projects (social and cultural sustainability). Although each of the three dimensions of sustainability leaves room for discretion in the weight assigned to it, ecological sustainability, protected by smart environmental regulation and minimum standards, sets essential boundaries that leave no room for compromises. Economic and social sustainability are possible only within these limits. Details of the analyses in the Kolarctic area and accounts of the methods used can be found in the cited SUMILCERE articles.publishedVersio