Advocacy Update

by David Raskin, Friends Board President

The Arctic National Wildlife Refuge is under heavy attack by the Trump Administration!
 
The BLM released a Draft Environmental Statement (DEIS) for Oil Leasing in the Coastal Plain. Comments are due by February 11, 2019. (Click here)
 
This DEIS addresses only the leasing portion of this horrible plan. BLM plans to prepare an additional DEIS for on-the-ground activities and drilling that may occur following projected lease sales. Also, preparation of a separate BLM environmental assessment of potential impacts of seismic exploration on the Coastal Plain and wildlife is underway. We expect to see that soon and will keep people informed when that is released for what is expected to be a 30-day public comment period.

We are working with many organizations to prepare comments on the Oil Leasing DEIS, which should be in the preliminary draft later this month. In the meantime, organizations are preparing information and talking points that we will make available for individuals to prepare and submit their comments. It is crucial that large numbers of concerned citizens let the BLM know that desecrating the Arctic Refuge would be a major environmental and social disaster. Please check our website and your emails for notices and information that will be provided as they become available.

This is the most important battle ever waged to save the Arctic Refuge, its wildlife, and the Gwich’in way of life. We need your involvement and commitment. We need your help.

In 2018, we were confronted by many important threats to our National Wildlife Refuges and Parks in Alaska and the Nation. Friends are at the forefront of efforts to prevent the Administration from permanently damaging habitat and wildlife and giving away lands in national conservation units. Below are the major actions in which we have participated along with our many conservation partners.
 
Izembek Land Trade and Road    
Secretary Zinke and his staff undertook a series of secret negotiations that resulted in a land trade with those who have pushed for an unnecessary and costly road through the heart of the Izembek Wilderness. The Friends organization is the lead plaintiff along with eight other conservation organizations in the lawsuit filed in the Anchorage Federal District Court that challenges the proposed land trade and road. We are represented by Trustees for Alaska that has performed excellent legal work on behalf of the conservation organizations.   Everything has been submitted and argued, we and await a ruling by the Court on our motion for summary judgment.
 
Oil Drilling in the Arctic Coastal Plain
 The criticism continues concerning the DOI fast-track goal of completing a draft environmental statement (DEIS) for oil leasing in less than six months. The environmental assessment for the proposed seismic testing has not been issued by BLM but could occur very soon. For a summary of the potential risks and impacts from seismic activity, click on the Alaska Wilderness League fact sheet here. We expect that the potential environmental impacts of seismic exploration and lease sales will not be adequately addressed and documented, which would result in extensive litigation by national organizations and Friends challenging these proposed actions.
 
Predator Control
Friends and 14 other organizations intervened in the lawsuit by the State of Alaska and Safari Clubs International that challenged the National Park Service 2015 predator control regulations. The case was put on hold until December 10, 2018, because the Park Service was ordered by the DOI to issue revised regulations. We joined the other organizations in comments drafted by Trustees for Alaska opposing the revised regulations. We await the outcome of that process.
 
Kenai Revised Regulations
The USFWS is preparing revisions to the regulations regarding hunting and access in the Kenai National Wildlife Refuge. This revision was ordered by DOI to accommodate the long-standing efforts of the State of Alaska to dramatically increase hunting and motorized access on the Refuge. As with the similar DOI orders to the National Park Service, their plan is to eliminate long-standing protections to habitat and wildlife on national wildlife refuges. We expect that the Department of Interior will require the Refuge to accept the demands of the State to allow baiting of brown bears and off-road vehicle access during the winter, but expanded hunting in the Skilak Wildlife Recreation Area along the Skilak Loop Road may not be addressed until later. We are closely monitoring this process and working with our conservation partners to prevent or minimize these destructive regulations.
 
Hovercrafts on Navigable Waters
Together with the National Parks Conservation Association and other organizations, Friends entered an amicus brief in Sturgeon v. Masica in opposition to Sturgeon’s claim that, contrary to National Park Service regulations, he can operate his hovercraft on the navigable waters of Yukon-Charley Rivers National Preserve. After the Ninth Circuit Federal Court of Appeals denied his claim, the case was accepted by the U.S. Supreme Court, which has not yet issued its decision.

Alaska Native Veterans Land Allotment Equity Act
Senator Sullivan’s bill to amend the Alaska Native Claims Settlement Act represents a major threat to federal conservation units in Alaska. It would revise provisions regarding land allotments for Alaska Native Vietnam veterans. Eligibility is expanded to include all Alaska Native veterans who served between August 5, 1964, and May 7, 1975. Allotments may be selected from vacant federal lands or lands that have been selected or conveyed to the State of Alaska or an Alaska Native corporation, if the State or corporation relinquishes or conveys the land to the United States for allotment. An heir of a deceased eligible veteran, regardless of the cause of death, may apply for and receive an allotment. We are following the progress of this legislation and hope that it will not become law.

On behalf of our Board of Directors, I wish you all a wonderful Holiday Season and a New Year filled with conservation victories against the forces of darkness!
by David Raskin, Friends Board President

Oil Drilling in the Arctic Coastal Plain
The criticism continues concerning the DOI fast-track goal of completing a draft environmental statement (DEIS) for oil leasing in less than six months. The environmental assessment for the seismic testing has not been issued. For a summary of the potential risks and impacts from seismic click on the Alaska Wilderness League fact sheet here.

Izembek Land Trade and Road
DOI is moving forward with technical administrative items to advance the land exchange, including surveying the road corridor and material sites.  Notice of the survey was in Federal Register on Sept. 12^th.  DOJ has confirmed that BLM is going to be republishing the FR Notice because it was confusion.  This will restart the clock on the 30 day review and protest period once it is republished.

The lawsuit challenging the proposed land trade and road through the heart of the Izembek wilderness is in the hands of the Anchorage Federal District Court as Trustees for Alaska performs excellent legal work on behalf of Friends and eight other conservation organizations who filed the lawsuit against the proposed land trade and road.  We await a ruling by the court on our motion for summary judgment. There was little new in the government brief, and we remain optimistic that we will prevail against this destructive, costly, and unnecessary project.

Kenai Revised Regulations
The USFWS is preparing revisions to the regulations regarding hunting in the Kenai National Wildlife Refuge. This revision was ordered by DOI to accommodate the long-standing efforts of the State of Alaska to dramatically increase hunting and motorized access on the Refuge. As with the similar DOI orders to the National Park Service, their plan is to eliminate long-standing protections of habitat and wildlife on national wildlife refuges. We expect that the Department of Interior will that the Refuge follow the demands of the State to allow baiting of brown bears, off-road vehicle access during the winter, expanded hunting in the Skilak Wildlife Recreation Area along the Skilak Loop Road. We are closely monitoring this process and working with our conservation partners to prevent or at least minimize these destructive regulations.

By Board President, David Raskin

Oil Drilling in the Arctic Coastal Plain
The criticism continues concerning the DOI fast-track goal of completing a draft environmental statement (DEIS) for oil leasing in less than six months. There are serious questions about the financial health, expertise, and independence of the contractor to whom BLM has granted a permit to conduct extensive seismic exploration on the Coastal Plain. Such operations would leave lasting scars on the tundra and destroy vegetation. Seismic testing also poses a risk to denning polar bears that are increasingly coming onshore in the Arctic Refuge to build their winter maternity dens. Even with the best technology, it is not possible to identify all denning sites. The vibrations from testing can and have caused female polar bears to abandon their cubs. For a summary of the potential risks and impacts from seismic click on the Alaska Wilderness League fact sheet here.
 
The Bureau of Land Management has yet to post the full seismic application, only a seven-page project proposal summary document. Seismic exploration could begin as soon as this December. The BLM claims that the impacts from seismic exploration are minimal and necessitate only a brief Environmental Assessment rather than a full Environmental Impact Statement. This rushed and potentially flawed process to assess the potential damage from seismic exploration and oil development continues to raise the specter of legal action by conservation organizations that would considerably delay the government’s frantic rush to develop oil in the Arctic Refuge.
 
Izembek Land Trade and Road
The lawsuit challenging the proposed land trade and road through the heart of the Izembek wilderness continues to work its way through the Anchorage Federal District Court as Trustees for Alaska performs excellent legal work on behalf of Friends and eight other conservation organizations who filed the lawsuit against the proposed land trade and road.  Trustees is preparing our reply to the Department of Justice reply brief that was filed August 22. There is little new in the government brief, and we remain optimistic that we will prevail against this destructive, costly, and unnecessary project.
 
Kenai Revised Regulations 
The USFWS is preparing revisions to the regulations regarding hunting in the Kenai National Wildlife Refuge. This revision was ordered by DOI to accommodate the long-standing efforts of the State of Alaska to dramatically increase hunting and motorized access on the Refuge. As with the similar DOI orders to the National Park Service, their plan is to eliminate long-standing protections of habitat and wildlife on national wildlife refuges. The State wants to authorize hunting of brown bears at bait stations, which has never been allowed on refuges, and expand hunting and access in other areas of the refuge that have been limited by extensive studies and public participation that resulted in the current regulations. We are closely monitoring this process and working with our conservation partners to prevent or at least minimize these destructive regulations.
 
Sturgeon v. Frost
The U.S. Supreme Court agreed to rehear the Sturgeon lawsuit against the National Park Service that had prevented his continued operation of a hovercraft in a national park. This suit challenged the authority of the Park Service to regulate activities on navigable waters in the national parks, which has major implications for national wildlife refuges and other national conservation lands. We had joined an Amicus Brief submitted by Trustees for Alaska on behalf of 14 conservation organizations in support of the Park Service. The Sturgeon oral argument has been scheduled for Monday, November 5 in the Supreme Court.
 
There are no big changes in the government’s arguments, although there has been a change in the alignment of the amici.  The congressional delegation did not file this time, and the ANCSA corporations mostly dropped out, only Ahtna filed. We are in a strong position with the brief we had previously filed, which is being updated for resubmission.  The U.S. brief on behalf of the National Park Service will be filed on September 11.

Oil Drilling in the Arctic Coastal Plain

There has been considerable criticism of the DOI fast-track goal of completing a draft environmental statement (DEIS) in less than six months. We participated in a meeting of conservation organizations with the BLM staff that is implementing orders from DOI.  The scoping process has been completed and comments can be viewed online.

It appears that the independent contractor hired to prepare the Draft Environmental Statement (DEIS) will rely mostly on existing data and previous analyses, most of which are either incomplete or out of date. BLM was not forthcoming in response to our questions about the process and timing of actions. The Yukon government is launching its own study of drilling impacts in Alaska’s Arctic refuge. The Canadian territory is particularly concerned with potential impacts to the caribou herds who calve on the Arctic National Wildlife Refuge’s coastal plain and the Gwich’in people who depend on them for subsistence. 

In the meantime, BLM has accepted a permit to conduct extensive seismic exploration on the Coastal Plain. The BLM is working on an Environmental Assessment (EA) of the proposed activities, but they provided little information about the timing of its completion, if and when a public comment period will occur, and when a decision will be made on the need for a full environmental analysis. The potential damage from such activities is great, and lasting damage from previous seismic activities is described in this article:

This rushed and potentially flawed process to assess the potential damage from seismic exploration and oil development has raised widespread concerns that legal action by conservation organizations would cause considerable delays in government plans to develop oil in the Arctic Refuge.

Izembek Land Trade and Road

Under orders from DOI, the Fish and Wildlife Service granted a permit for survey work to delineate the boundaries of the lands in the Refuge that would be conveyed to build the road through the Izembek Wilderness. This legally-questionable survey that was hurriedly completed in July impacted wildlife and habitat with 80 helicopter landings and installation of 122 survey monuments. This intensive work with motorized equipment and aircraft was conducted within congressionally-designated wilderness in preparation for trading away vital public lands to a private entity to build the controversial road through the heart of the Izembek Wilderness.

The lawsuit challenging the proposed land trade and road through the heart of the Izembek wilderness is working its way through the Anchorage Federal District Court as Trustees for Alaska continues its excellent legal work on behalf of Friends and eight other conservation organizations who filed the lawsuit against the proposed land trade and road.  Our legal brief was filed, and the Department of Justice reply brief is due on August 22. We remain optimistic that we will prevail against this destructive, costly, and unnecessary project.

Sturgeon v. Frost

The U.S. Supreme Court agreed to rehear the Sturgeon lawsuit against the National Park Service that had prevented his continued operation of a hovercraft in a national park. This suit challenged the authority of the Park Service to regulate activities on navigable waters in the national parks, which has major implications for national wildlife refuges and other national conservation lands. We had previously joined an Amicus Brief submitted by Trustees for Alaska on behalf of 14 conservation organizations in support of the Park Service. We reaffirmed our participation in this new round in the Supreme Court.