Tag: bears

by David Raskin, Friends Board President

We are pleased that the Fish and Wildlife Service leadership positions have been filled but continue to hope that a Special Assistant for Alaska will be appointed soon. We have heard rumors but have seen no official announcement.

Arctic National Wildlife Refuge
The Budget Reconciliation bill that includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases may be headed for a possible reformulation. There are glimmers of hope that Senator Manchin will support a lesser version that will include the Arctic Refuge lease repeal in a revised version of the legislation. This may occur before summer. In the meantime, U.S. Fish and WIldlife Service (USFWS) and Bureau of Land Management continue the lengthy and expensive process of developing the Supplemental EIS required by order of the Secretary. Many conservation organizations, including Friends have intervened on behalf of the government in the federal lawsuit by the Alaska Industrial Development and Export Authority (AIDEA) and the State.

The threat to the Coastal Plain continues after the submission of the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. The validity of their claim that Kaktovik lands are an inholding without adequate and reasonable access must be decided by the Secretary in consultation with the Solicitor. If KIC prevails, there must be a notice of intent and a NEPA process. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS completed its report about the results of its evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas. We expect that the report includes little hard evidence to support the claim of historic use of vehicles. The USFWS is processing the application to decide the validity of the Kaktovik claim.

Izembek National Wildlife Refuge
The March 16, 2022, panel decision of the Ninth Circuit Court of Appeals in favor of defendants’ appeal overturned our second successful lawsuit that had stopped the illegal land transfer for the proposed road. This disastrous decision rewrote Alaska National Interest Lands Conservation Act (ANILCA) to reinstate the land exchange for the road through the heart of the Izembek Wilderness. The far-reaching implications of this decision on 104 million acres of federal conservation units and lands in Alaska are potentially devastating.

As lead plaintiff in this case, Friends worked closely with Deborah Williams (former Alaska Special Assistant to Secretary Babbitt for Alaska), Nicole Whittington-Evans (Alaska Director for Defenders of Wildlife), and others to develop options and strategy to undo this extremely dangerous decision. Trustees for Alaska ultimately decided to petition the Ninth Circuit to rehear the case en banc. Extensive efforts spearheaded by Ms. Williams achieved huge support for the petition by amicus briefs by President Jimmy Carter  and former Interior Secretary Bruce Babbitt and former Interior Solicitor John Leshy. Trustees also obtained amicus support from a group of 25 law professors. On May 16, the Court ordered the defendants to file a response to our petition, which is the first step toward a possible rehearing. This is very encouraging, but must be followed by a majority vote of the full Court. We hope that the Ninth Circuit will grant the en banc rehearing, which may take several months for a decision. A decision to rehear the case would nullify the disastrous panel decision and begin the appeal anew. 

Fulfilling her commitment to Senator Murkowski, Secretary of the Interior Haaland visited the Izembek Refuge and King Cove on April 19. She was accompanied by her Special Advisor Raina Thiele, Senator Murkowski, USFWS Director Martha Williams, Regional Director Sara Boario, Regional Chief of Refuges Brian Glaspell, and Izembek Manager Maria Fosado. After a very emotional welcome and ceremonies in King Cove, Secretary Haaland received a guided tour of the Refuge to see the values of wildlife, habitat, and Wilderness that would be severely impacted by the land exchange and the unnecessary and destructive road. The FWS personnel provided her with extensive information and documents about the destructive aspects of the road and more acceptable and positive alternatives to the unnecessary road. We do not expect a decision by the Secretary until the pending appeal is resolved although she may decide at any time.

Alaska Maritime National Wildlife Refuge
We received the extremely welcome news that the Bureau of Ocean Energy Management (BOEM) canceled the proposed lease sale for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. This halted any proposed developments that would have created drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and the high risk of oil spills that could seriously impact lands and wildlife in the Maritime Refuge. Liz Mering of the Cook InletKeeper did an outstanding job of organizing and spearheading this major conservation victory.

Kenai National Wildlife Refuge
On April 18, 2022, the Federal Ninth Circuit Court of Appeals issued a sweeping decision that rejected the appeal of the Kenai Refuge wildlife regulations lodged by Safari Clubs International and the State of Alaska, This decision maintained the Kenai regulations that include a ban on baiting of brown bears and other sensible controls on trapping and predator control. Friends was one of many intervenor-defendants in support of the government. Trustees for Alaska Staff Attorneys Katie Strong and Rachel Briggs did an outstanding job to secure this important victory..

Yukon Flats National Wildlife Refuge
We have heard nothing further on Hilcorp’s plans to begin seismic exploration next winter on Doyon Corporation inholdings in the Yukon Flats Refuge.  There is great concern that this will lead to oil and gas development that could negatively impact the world-class wildlife and fisheries and subsistence resources in the Refuge.

by David Raskin, Friends Board President

Friends welcomed recently appointed Alaska Regional Director Sarah Boario on our April board meeting. We had a wonderful interaction with her and look forward to a productive working relationship on programs and issues facing Alaska’s refuges. Now that the leadership positions have been filled, we hope that a Special Assistant for Alaska will be appointed soon. We have heard rumors but have seen no official announcement.

Arctic National Wildlife Refuge
The Budget Reconciliation bill that includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases seems to be headed to a possible reformulation. There are glimmers of hope that Senator Manchin will support a lesser version that will include the Arctic Refuge lease repeal in a revised version of the legislation. This may occur before summer. In the meantime, US Fish and Wildlife Service (USFWS) and Bureau of Land Management (BLM) continue the lengthy and expensive process of developing the Supplemental Environmental Impact Statement (EIS) required by order of the Secretary. Many conservation organizations, including Friends have intervened on behalf of the government in the federal lawsuit by the Alaska Industrial Development and Export Authority (AIDEA) and the State.

The threat to the Coastal Plain continues after the submission of the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. The validity of their claim that Kaktovik lands are an inholding without adequate and reasonable access must be decided by the Secretary in consultation with the Solicitor. If KIC prevails, there must be a notice of intent and a NEPA process. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS has completed its report about the results of its evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas. We expect that the report includes little hard evidence to support the claim of historic use of vehicles. The USFWS will proceed with the administrative process to decide the validity of the Kaktovik claim.

Izembek National Wildlife Refuge
On March 16, a panel of the Ninth Circuit Court of Appeals ruled 2-1 in favor of defendants’ appeal of our second successful lawsuit that had stopped the illegal land transfer for the proposed road. This disastrous decision rewrote  Alaska National Interest Lands Conservation Act (ANILCA) to reinstate the land exchange for the road through the heart of the Izembek Wilderness. The far-reaching implications of this decision on more than 100 million acres of federal conservation units and lands in Alaska are potentially devastating, as described in the summary of the decision. As lead plaintiff in this case, Friends is working with our legal team Trustees for Alaska and the other conservation clients on options and strategy to undo this extremely dangerous decision.
 
Secretary Haaland will be visiting Izembek Refuge and King Cove on April 19. We understand that she will be accompanied by Senator Murkowski, USFWS Director Martha Williams, Regional Director Sara Boario, and Alaska Chief of Refuges Brian Glaspell. Weather permitting, we expect that she will receive a guided tour of the Refuge to see the values of wildlife, habitat, and Wilderness that would be severely impacted by the land exchange and the unnecessary and destructive road.

Alaska Maritime National Wildlife Refuge
We await the Final EIS from the Bureau of Ocean Energy Management (BOEM) for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and pose a high risk of oil spills that could seriously impact lands and wildlife in the Maritime Refuge.

Kenai National Wildlife Refuge
Oral arguments on the Federal Ninth Circuit appeal of the Kenai Refuge regulations by Safari Clubs International and the State were held on February 18. The Kenai regulations include a ban on baiting of brown bears and other sensible controls on trapping and predator control. Friends is one of many intervenor-defendants in support of the government. We were represented by Trustees for Alaska Staff Attorney Rachel Briggs who did an outstanding job. Based on the questions by the 3-justice panel, we expect that our victory in the Federal District Court will be upheld..

Yukon Flats National Wildlife Refuge
Hilcorp announced plans to begin seismic exploration next winter on Doyon Corporation inholdings in the Yukon Flats Refuge. There is great concern that this will lead to oil and gas development that could negatively impact wildlife and fisheries in the Refuge.

by David Raskin, Friends Board President

The U.S. Senate finally confirmed Martha Williams as Director of the U.S. Fish and Wildlife Service. This welcome action was followed by the appointment of Sarah Boario as Alaska Regional Director. Now that these leadership positions have been filled, we hope that a Special Assistant for Alaska will be appointed soon.

Arctic National Wildlife Refuge
The Budget Reconciliation bill that includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases seems to be dead. There are glimmers of hope that Senator Manchin will support a lesser version that will include the Arctic Refuge lease repeal in a revised version of the legislation. This likely will not occur before summer, if at all. In the meantime, U.S. Fish and Wildlife Service (USFWS) and Bureau of Land Management (BLM) continue the lengthy and expensive process of developing the Supplemental environment impact statements (EIS) required by order of the Secretary. The federal lawsuit by the Alaska Industrial Development and Export Authority (AIDEA) and the State to stop the process will likely see many conservation organizations intervening on behalf of the government.

The threat to the Coastal Plain continues after the submission of the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. The validity of their claim that Kaktovik lands are an inholding without adequate and reasonable access must be decided by the Secretary in consultation with the Solicitor. If KIC prevails, there must be a notice of intent and a NEPA process. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS has composed a draft of the results of its evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas. However, they are still waiting to receive additional evidence from the applicant to support their claim.

Izembek National Wildlife Refuge
There is no word from the Court since oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. We also await a final decision by USFWS regarding the State’s appeal of the denial of helicopter use in the designated Wilderness. After an extensive review by Department of the Interior (DOI), the findings have been sent to newly appointed Regional Director Sarah Boario in Anchorage to issue the final decision. We expect that the State’s appeal will be denied, but this may not occur before the Secretary visits King Cove, possibly in the spring.

Alaska Maritime National Wildlife Refuge
The comment period closed on the Bureau of Ocean Energy Management (BOEM) Draft EIS for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and pose a high risk of oil spills that could seriously impact lands and wildlife in the Maritime Refuge. We await the issuance of the EIS.

Kenai National Wildlife Refuge
Oral arguments on the Federal Ninth Circuit appeal of the Kenai Refuge regulations by Safari Club International and the State were held on February 18. The Kenai regulations include a ban on baiting of brown bears and other sensible controls on trapping and predator control. Friends is one of many intervenor-defendants in support of the government. We were represented by Trustees for Alaska Staff Attorney Rachel Briggs who did an outstanding job. Based on the questions by the 3-justice panel, we expect that our victory in the Federal District Court will be upheld.

Yukon Flats National Wildlife Refuge
Hilcorp announced plans to begin seismic exploration in March on Doyon Corporation inholdings in the Yukon Flats Refuge.  There is great concern that this will lead to oil and gas development that could negatively impact wildlife and fisheries in the Refuge.

Sturgeon Decision
We are unaware of any action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.

Ambler Road
The Department of Interior announced that it will not allow work to proceed on the proposed road to the Ambler Mining District, reversing a pro-mining ruling from the Trump Administration. DOI wants to review the faulty environmental impact statement process. The Department asked the federal court to remand the right-of-way decision to the agency to correct the significant deficiencies in the underlying analyses. The Department will reconsider the analyses related to the National Environmental Protection Act, National Historic Preservation Act, and Alaska National Interest Lands Conservation Act. The DOI will suspend the right-of-way for the road during the review period to ensure that no ground-disturbing activity takes place that could potentially impact the resources in question. This is an important step to prevent this disastrous road from impacting national wildlife refuges and parks.