Comments on the proposal to add mining as a covered sector under FAST-41

Earthjustice, Earthworks, and the Natural Resources Defense Council (NRDC) submitted a statement to the Federal Permitting Improvement Steering Council urging the rejection of a proposal to add mining as a covered sector under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41). The organizations argue that mining's unique environmental risks and the existing efficiency of U.S. permitting make the expedited processes of FAST-41 inappropriate and dangerous.

• Mining presents severe and long-term environmental risks that necessitate rigorous and flexible permitting rather than expedited processes. The sector is responsible for a disproportionate amount of toxic waste; in 2016, the metal mining sector accounted for 44% of the 3.44 billion pounds of toxic substances released into the environment, despite managing only 6% of all toxic waste produced by American industries.
• Current federal mine permitting in the United States is already competitive and prompt. The Government Accountability Office (GAO) reports that the Bureau of Land Management (BLM) or Forest Service takes an average of two years to approve a mine plan, and the environmental impact statement (EIS) process for large mine permits in Alaska has averaged two years and eight months.
• FAST-41 contains specific provisions that would undermine the quality of mine permitting by limiting flexibility and public oversight. These include strict permitting timelines based on averages, short default public comment periods (typically 45 to 60 days), a focus on 'preferred alternatives' early in the review process, and restricted judicial review windows (two years instead of the standard six years for APA claims).
• The proposed Pebble Mine in Bristol Bay serves as a critical example of why FAST-41 is unsuitable for mining. The project involves high risks to a world-class salmon fishery and has a history of submitting inadequate information, such as a December 2017 application that included new components—like a 188-mile natural gas pipeline and a 230-megawatt power plant—without providing necessary baseline studies.
• Adding mining as a covered sector would constitute a 'rule' under the Administrative Procedure Act (APA), requiring the Council to conduct public notice and comment. Furthermore, the Council must engage in government-to-government consultation with Indian tribes and evaluate the potential for disproportionate impacts on minority and low-income populations.

APA

Earthjustice (2018). Comments on the proposal to add mining as a covered sector under FAST-41. https://earthjustice.org/wp-content/uploads/earthjustice-et-al-mining-under-fast-41-comments-3-30-18.pdf

Chicago

Earthjustice. Comments on the proposal to add mining as a covered sector under FAST-41. 2018. https://earthjustice.org/wp-content/uploads/earthjustice-et-al-mining-under-fast-41-comments-3-30-18.pdf.

Wikipedia

{{cite press release |author=Earthjustice |title=Comments on the proposal to add mining as a covered sector under FAST-41 |date=30 March 2018 |url=https://earthjustice.org/wp-content/uploads/earthjustice-et-al-mining-under-fast-41-comments-3-30-18.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{earthjustice2018comments, author = {{Earthjustice}}, title = {{Comments on the proposal to add mining as a covered sector under FAST-41}}, publisher = {Earthjustice}, year = {2018}, month = mar, url = {https://earthjustice.org/wp-content/uploads/earthjustice-et-al-mining-under-fast-41-comments-3-30-18.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }