Donald Trump Jr.
Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

The Trump administration is defending in court a Biden-era Environmental Protection Agency veto that blocks Alaska's Pebble Mine, a copper-rich project whose suppression industry sources are attributing in part to Donald Trump Jr.'s past opposition to the development.

The Department of Justice is representing the EPA in ongoing litigation to preserve the veto, which the Biden administration issued in January 2023 under the Clean Water Act. Biden's EPA used a rarely invoked provision of that law - sometimes referred to as a kill switch - to block the mine's permit process. Pebble Limited Partnership, the company seeking to develop the mine, filed suit over the decision. The state of Alaska joined as a co-plaintiff.

John Shively, CEO of Pebble Limited Partnership, told Fox News Digital that the DOJ's decision to continue defending the veto contradicts the administration's stated goal of securing domestic mineral supply. 'It sort of conflicts a little bit with what President Trump is doing,' Shively said. 'They have recognised we're in serious trouble in getting minerals in this country and metals, and so it's a little surprising they continued the EPA lawsuit.'

The White House and EPA did not respond to requests for comment. The DOJ declined to comment and deferred to the EPA.

Trump Jr.'s 2020 Opposition Cited by Industry Sources

Industry sources speaking to Fox News attributed the administration's position on the mine in part to Trump Jr. and Republican operative Nick Ayers, who served as chief of staff to former Vice President Mike Pence. Both publicly opposed the project in 2020.

In August 2020, Trump Jr. posted on X: 'The headwaters of Bristol Bay and the surrounding fishery are too unique and fragile to take any chances with. #PebbleMine.' Ayers posted separately that he hoped Trump would direct the EPA to block the mine, calling the project unnecessary and damaging to the fishery.

A source close to Trump Jr. confirmed he discussed the mine with his father during the first term, telling Fox News Digital that Trump Jr. had fished in Bristol Bay on multiple occasions and was personally concerned about the mine's potential environmental impact. Trump Jr. has not raised the matter with anyone in the current administration, the source said.

Ayers did not respond to a request for comment. The industry source who raised Trump Jr.'s role said the administration's stance was influenced by private interests. 'How can you open at the one hand this reserve of rare earths to stop the Chinese from cornering the market, but then say we're not going to have our own mining industry?' the source told Fox News Digital.

Mine Holds 80 Billion Pounds of Copper in Disputed Alaska Site

The Pebble deposit sits within a 220,000-acre area of Alaska and contains an estimated 80 billion pounds of copper, according to court documents. It also holds rhenium and molybdenum, both of which the Trump administration classifies as critical minerals. Shively said the mine could supply approximately 15% of US copper demand.

The US currently imports roughly 45% of its copper. China accounts for approximately 45 to 48 per cent of global copper refining and, according to a US-China Economic and Security Review Commission report, is the leading import source for more than two dozen critical minerals. China holds approximately 70% of rare earth mining capacity and nearly 90% of refining.

Pebble is a US offshoot of Canadian company Northern Dynasty Minerals. Its lawyers have stated the company spent approximately $1 billion (around £790 million) planning the project and that environmental studies adequately addressed concerns about the Bristol Bay salmon fishery. The Obama EPA first assessed Bristol Bay in 2014, concluding that mine activity in the headwaters could damage the world's largest sockeye salmon fishery.

Pebble's permit application was rejected during the first Trump term but the company won a reversal through an internal appeals process. That process was still under way when the Biden EPA issued the veto.

Since returning to office, Trump signed executive orders declaring a national emergency on critical minerals, directed agencies to expedite permitting, and added copper and nine other minerals to the government's critical minerals list.

Shively said an upheld veto would set a precedent for future administrations to deploy the same Clean Water Act mechanism against other projects. 'If they can use this tool against us, they can use it anywhere in the country,' he said. Briefing in the case is scheduled to conclude by mid-April.