The Okefenokee Swamp is one of the most wild, pristine, and ecologically intact places in America, home to more than one thousand different species of animals and plants. It is also an economically important area for local residents and holds great cultural and historical significance, with Native American roots dating back thousands of years. This is why the National Wildlife Refuge Association, with partners; the National Parks Conservation Association, Defenders of Wildlife, and the Center for Biological Diversity, are taking legal action to protect the Okefenokee National Wildlife Refuge from the proposed strip mine from Twin Pines.
American alligator in Okefenokee National Wildlife Refuge, Georgia | Matthew Wilcox/USFWS
In 2018, Twin Pines announced plans to strip-mine a 12,000-acre tract of land next to the Okefenokee National Wildlife Refuge in 1,000-acre phases over a 30-year period. The proposed mine would be located on an elevated geological terrace called Trail Ridge that forms the eastern boundary of the Okefenokee, acting as a natural dam that keeps the swamp’s waters contained.
Twin Pines submitted its initial Clean Water Act permit application for ‘Phase One’ of the proposed mine in July 2019, requesting permission to discharge dredged and fill material into at least 587 acres of jurisdictional wetlands and 4,658 linear feet of jurisdictional streams, which would destroy these aquatic resources.
The proposed strip mine by Twin Pines sparked immediate concern and action from our supporters. Over 20,000 individuals took the time to submit comments opposing the mine and calling for heightened environmental review. State and local elected officials also joined in on this call to action, along with state and federal agencies, and the Muscogee (Creek) Nation. The Muscogee (Creek) Nation specifically requested a full Environmental Impact Statement (EIS) to be prepared, a thorough environmental review required by the National Environmental Policy Act. We are grateful for the support of our community in standing up for the protection of the Okefenokee National Wildlife Refuge.
However, during the comment process, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) promulgated a new federal rule, called the ‘Navigable Waters Protection Rule,’ that narrowed the definition of ‘waters of the United States’ and, in turn, the scope of waters protected by the Clean Water Act. This rule allowed Twin Pines to argue that almost none of the previously protected wetlands on the mine site were jurisdictional under the new rule, despite having been determined to significantly affect the integrity of traditional navigable waters.
The National Wildlife Refuge Association, the National Parks Conservation Association, Defenders of Wildlife, and the Center for Biological Diversity have filed an environmental lawsuit against the U.S. Army Corps of Engineers and Michael Connor, in his official capacity as Assistant Secretary of the Army for Civil Works, seeking declaratory relief for their alleged arbitrary and capricious reinstatement of approved jurisdictional determinations in violation of the Administrative Procedure Act. We will continue to fight for the protection of the Okefenokee National Wildlife Refuge and the precious ecosystem and resources it holds.