Alaska high court: Local mining initiative unenforceable

  • By Becky Bohrer
  • Saturday, July 18, 2015 9:08pm
  • News

JUNEAU — Alaska’s highest court ruled Friday that an initiative seeking to restrict large-scale mining in the Bristol Bay region seriously impedes a regulatory process set out in state law and is unenforceable.

The Alaska Supreme Court affirmed a lower-court ruling in litigation over the initiative passed by Lake and Peninsula Borough voters in 2011.

The initiative was aimed at the Pebble mine project and the potential development of the massive gold and copper prospect near the headwaters of a world-class salmon fishery.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

It would have barred local officials from issuing a development permit when a mining activity could result in the digging and disturbance of topsoil of more than 640 acres and would damage or degrade salmon habitat.

In its decision, the Supreme Court found the initiative impedes implementation of state law putting Alaska’s Department of Natural Resources in charge of matters affecting the exploration, development and mining of state mineral resources because the initiative “purports to give the borough veto power over mining projects on state lands within its borders.”

The appeal was heard by three of the court’s five members.

Then-Chief Justice Dana Fabe and Justice Peter J. Maassen did not participate.

The Pebble deposit is on state land.

The state and Pebble Limited Partnership, the group behind the Pebble project, sued over the initiative.

The lower-court ruling was appealed by initiative sponsors.

A message was left at the law firm that handled the case for the sponsors.

Pebble is pleased with the high court’s ruling, company spokesman Mike Heatwole said by email Friday.

So, too, is the state Department of Law, which continued to review the case, department spokeswoman Cori Mills said by email.

Mills said the Alaska constitution places the responsibility of managing state land and resources with the Legislature, and the Legislature delegated management to the Department of Natural Resources. Such centralized authority is necessary to ensure the state’s resources are managed for the benefit of all Alaskans as the constitution requires, she said.

More in News

Robert Weaver was last seen at the Doroshin Bay public use cabin on June 25, 2025. (Photo provided by the Kenai National Wildlife Refuge)
Kenai wildlife refuge seeking information on missing man

Robert Weaver was last seen near Skilak Lake on June 25.

The Alaska Dive Search Rescue and Recovery Team conducts a training mission in Seward, Alaska in 2024. Photo courtesy of the Alaska Dive Search Rescue and Recovery Team
Anchor Point fundraiser to benefit Alaska rescue and recovery group

Alaska Dive Search Rescue and Recovery Team is an all-volunteer nonprofit organization established in 2016.

Kachemak Bay Family Planning Clinic staff (left to right) Angie Holland, RN; Jane Rohr, Sonja Martin Young, CNM; Robin Holmes, MD; and Cherie Bole, CMA provide an array of reproductive and sexual health services. (Photo provided by KBFPC)
Kachemak Bay Family Planning Clinic releases report on STI trends on the Kenai Peninsula

The report pulls from data gathered from 2024 to early 2025.

Pool manager and swim coach Will Hubler leads a treading water exercise at Kenai Central High School in Kenai, Alaska, on Tuesday, June 17, 2025. (Jake Dye/Peninsula Clarion)
Swimmers, parents call on Kenai to support Kenai Central pool

The KPBSD Board of Education last week said communities will need to step up and take over administration of pools within the next year.

Traffic passes by South Spruce Street in Kenai, Alaska, on Tuesday, June 10, 2025. (Jake Dye/Peninsula Clarion)
Kenai drops effort to rename South Spruce Street

The resolution would have changed the name to make it clear which road led to North Kenai Beach

Gov. Mike Dunleavy compares Alaska to Mississippi data on poverty, per-pupil education spending, and the 2024 National Assessment of Education Progress fourth grade reading scores during a press conference on Jan. 31, 2025. Alaska is highlighted in yellow, while Mississippi is in red. (Jasz Garrett / Juneau Empire)
Dunleavy calls special session for August

Lawmakers on Wednesday said they were surprised by the move.

A makeshift coffin decrying the risks of Medicaid funding cuts is seen on Thursday, June 26, in front of the Blazy Mall in Soldotna. The cuts were included in legislation passed by the U.S. Senate early Tuesday morning. (Photo by Jonas Oyoumick/Peninsula Clarion)
Ahead of Senate vote, Soldotna protesters defend Medicaid funding

Cuts to the program were included in legislation passed by the U.S. Senate early Tuesday morning.

Board President Zen Kelly speaks during a meeting of the Kenai Peninsula Borough School District’s Board of Education in Soldotna, Alaska, on Monday, Dec. 2, 2024. (Jake Dye/Peninsula Clarion)
Kenai Peninsula Borough school board to finalize budget

The new budget designed by the committee will be considered at a public hearing during the full board meeting on Monday evening.

Most Read