Comments on the Proposed Rule to Add Mining as a Sector of Projects Eligible for Coverage under FAST-41, FPISC Case 2020–001 / RIN 3121-AA01, 85 Fed. Reg. 75,998 (Nov. 27. 2020)

A joint statement from Earthjustice and numerous environmental and community organizations urging the Federal Permitting Improvement Steering Council to withdraw a proposed rule that would add mining as a covered sector under FAST-41. The commenters argue that mining's unique environmental risks, including toxic waste and acid mine drainage, require rigorous and flexible permitting rather than the accelerated timelines and limited judicial review provided by FAST-41.

• The commenters argue that mining poses extreme environmental and health risks that necessitate a rigorous and flexible permitting process rather than a fast-tracked one. They note that the metal mining sector was responsible for 41 percent of the 3.4 billion pounds of toxic substances released into the environment in 2019, despite managing only five percent of all toxic waste produced by American industries.
• The document asserts that current federal mine permitting is already prompt and competitive with other developed nations. It cites a Government Accountability Office (GAO) finding that the average time for the Bureau of Land Management or U.S. Forest Service to approve a mine plan is two years, and that in Alaska, the environmental impact statement process for large mines has averaged two years and eight months.
• The commenters claim that FAST-41 provisions would undermine the quality of mine permitting by imposing inflexible timelines and short default comment periods. They argue that establishing timelines based on a 'hypothetical average mine' ignores the unique geological, hydrological, and ecological variations of individual sites and creates incentives for agencies to 'cut corners' to meet deadlines.
• The statement highlights concerns that FAST-41 would bias the environmental review process by allowing the 'preferred alternative' to be developed in greater detail than other options. The commenters argue this risks overlooking viable alternatives that could better protect ecosystems and communities from mining risks.
• The document argues that FAST-41's limits on judicial review—including a two-year statute of limitations and requirements that plaintiffs must have submitted comments during the NEPA process—would unfairly abridge citizen access to courts for an industry that produces long-term harmful waste.
• The proposed Pebble Mine is cited as a primary example of why mining should not be covered by FAST-41. The commenters state the mine would threaten the Bristol Bay salmon fishery by storing an estimated 11 billion metric tons of potentially acid-generating waste rock and toxic tailings in geologically active headwaters.
• The commenters state that adding mining to FAST-41 would have 'substantial direct effects' on Indian tribes and minority and low-income populations. They argue the Council must conduct meaningful government-to-government consultation with affected Tribal governments and evaluate disproportionate impacts before proceeding.

APA

Earthjustice (2020). Comments on the Proposed Rule to Add Mining as a Sector of Projects Eligible for Coverage under FAST-41, FPISC Case 2020–001 / RIN 3121-AA01, 85 Fed. Reg. 75,998 (Nov. 27. 2020). https://earthjustice.org/wp-content/uploads/2024/03/earthjustice-et-al.-fast-41-rulemaking-comments.pdf

Chicago

Earthjustice. Comments on the Proposed Rule to Add Mining as a Sector of Projects Eligible for Coverage under FAST-41, FPISC Case 2020–001 / RIN 3121-AA01, 85 Fed. Reg. 75,998 (Nov. 27. 2020). 2020. https://earthjustice.org/wp-content/uploads/2024/03/earthjustice-et-al.-fast-41-rulemaking-comments.pdf.

Wikipedia

{{cite press release |author=Earthjustice |title=Comments on the Proposed Rule to Add Mining as a Sector of Projects Eligible for Coverage under FAST-41, FPISC Case 2020–001 / RIN 3121-AA01, 85 Fed. Reg. 75,998 (Nov. 27. 2020) |date=28 December 2020 |url=https://earthjustice.org/wp-content/uploads/2024/03/earthjustice-et-al.-fast-41-rulemaking-comments.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{earthjustice2020comments, author = {{Earthjustice}}, title = {{Comments on the Proposed Rule to Add Mining as a Sector of Projects Eligible for Coverage under FAST-41, FPISC Case 2020–001 / RIN 3121-AA01, 85 Fed. Reg. 75,998 (Nov. 27. 2020)}}, publisher = {Earthjustice}, year = {2020}, month = dec, url = {https://earthjustice.org/wp-content/uploads/2024/03/earthjustice-et-al.-fast-41-rulemaking-comments.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }