In 2020, the Corps determined that the Twin Pines project was not subject to its oversight, a decision that placed its fate solely in the hands of Georgia’s Environmental Protection Division (EPD).
That decision was made based on a Trump-era rule that stripped protections from many waterways, including some wetlands on the proposed mine site. However, the Trump rule was later struck down by a federal judge.
The next twist came in June of this year, when the Corps invalidated its 2020 ruling, which had cleared the project from needing a federal environmental review. That meant the project would have to go through a rigorous review by the Corps — not Georgia EPD — to gain approval.
But that also didn’t last. Twin Pines sued the Corps this summer and less than three months later, the parties announced a settlement, in which the Corps agreed to reinstate its previous decisions and abdicate permitting responsibilities to Georgia EPD once again.
The complaint filed Tuesday takes issue with that move by the Corps, which the plaintiffs claim was “arbitrary, capricious” and violated the Administrative Procedure Act, a law governing the issuance of federal regulations.
In a statement, SELC senior attorney Megan Huynh said the Corps’ decision to return permit oversight to the state endangers the swamp.
“Not only are the at-risk wetlands valuable in their own right, but they are important to the health of the irreplaceable Okefenokee Swamp,” Huynh said. “To comply with the Clean Water Act, the Corps must require Twin Pines to obtain a federal permit and complete a full environmental review of the mining project.”
The plaintiffs are asking the court to vacate the Corps’ earlier ruling that the project does not need a federal environmental impact assessment.
Cheri Pritchard, a spokeswoman for the Corps of Engineers, referred a request for comment to the U.S. Department of Justice (DOJ). An emailed message sent to DOJ was not immediately returned.
Representatives for Twin Pines declined to comment on the filing.
Georgia EPD spokeswoman Sara Lips said that the agency was aware of the lawsuit but is continuing to evaluate Twin Pines’ permit applications.
“The filing of the lawsuit does not impact the timing of EPD’s review of the Twin Pines permit,” Lips said.