Source: United States Department of Justice
Yesterday, the Justice Department’s Energy and Natural Resources Division (ENRD) filed a statement of interest in a lawsuit brought by the Oklahoma Attorney General, expressing support for the construction of a primary aluminum smelter in Inola, Oklahoma.
ENRD’s filing concerns a case where the Oklahoma Attorney General has sued Century Aluminum Company and Aluminum Oklahoma, alleging environmental violations under state nuisance laws. Plaintiff’s allegations concern the federal Clean Air Act and Clean Water Act, which require environmental permits for the construction and operation of the primary aluminum smelter. Instead of allowing review of these environmental permits in the first instances, the Oklahoma Attorney General seeks to enjoin construction through this premature lawsuit, threatening vital materials critical to our nation’s defense.
“This project advances national and economic security by reducing the country’s reliance on foreign sources of materials critical to the national defense,” said Principal Deputy Assistant Attorney General Adam Gustafson of ENRD. “The Department of Justice is committed to supporting military readiness and opposing litigation that subverts environmental regulatory processes established by Congress.”
President Donald J. Trump’s recently issued executive order Further Strengthening Actions Taken to Adjust Imports of Aluminum into the United States, recognizing that the quantities of aluminum imported into the United States threaten to impair our national security. Domestic production and supply of primary aluminum is imperative in producing an irreplaceable strategic material that is indispensable to our modern defense manufacturing. The Department of War requires primary aluminum for aerospace and air dominance, ground combat vehicles, naval systems, missiles, and space programs. However, the United States now represents less than 1 percent of the global primary aluminum production. As a result, China, the leading global producer of primary aluminum, has sought to leverage its position in primary aluminum production to gain advantage over the United States.
As outlined in ENRD’s statement of interest, the primary aluminum smelter in Inola is the nearest-term solution in combating this national security risk. Once completed, the smelter would be the first constructed in the United States in over 40 years and would rank as the largest primary aluminum production facility in the United States, more than doubling the nation’s output. The Department of Energy recently awarded $500 million in support of this project, recognizing its importance in increasing domestic production of primary aluminum while avoiding an estimated 75 percent of emissions from a traditional smelter. A delay in construction would place the United States at risk of foreign reliance and severely limits our ability to produce the armor, aircraft, and munitions required for national defense.
The Clean Air Act and Clean Water Act provide the appropriate mechanism to address environmental concerns raised by the Oklahoma Attorney General. In its filing, ENRD asked the U.S. District Court for the Northern District of Oklahoma to dismiss the lawsuit, which would otherwise stop construction of the primary aluminum smelter and threaten America’s security by denying access to this critical material necessary for military readiness.
Attorneys with ENRD’s Environmental Defense Section are handling this matter.