In this photo taken Sept. 23, 2013, a driver passes the small boat harbor in King Cove, Alaska.  A federal judge in Alaska on Tuesday, Sept. 8, 2015, dismissed a lawsuit brought over the U.S. Interior Department's refusal to allow for a road from King Cove to an all-weather airport at Cold Bay. The road has drawn opposition from environmental groups because it would run through Izembek National Wildlife Refuge.  (James Brooks(/Kodiak Daily Mirror via AP) MANDATORY CREDIT

In this photo taken Sept. 23, 2013, a driver passes the small boat harbor in King Cove, Alaska. A federal judge in Alaska on Tuesday, Sept. 8, 2015, dismissed a lawsuit brought over the U.S. Interior Department's refusal to allow for a road from King Cove to an all-weather airport at Cold Bay. The road has drawn opposition from environmental groups because it would run through Izembek National Wildlife Refuge. (James Brooks(/Kodiak Daily Mirror via AP) MANDATORY CREDIT

Judge sides with Interior secretary in refuge-road dispute

  • By Becky Bohrer
  • Tuesday, September 8, 2015 11:12pm
  • News

JUNEAU — A federal judge in Alaska on Tuesday dismissed a lawsuit brought over the U.S. Interior Department’s refusal to allow for a road through a wildlife refuge to ease medical evacuations.

In a written order, U.S. District Court Judge H. Russel Holland said there was no violation of a federal environmental law.

Congress, in 2009, passed legislation authorizing a land swap for a single-lane gravel road between King Cove and Cold Bay that would primarily be used for health and safety purposes. Strong winds and poor weather often make it difficult to safely fly to King Cove, and Cold Bay, a former military facility, is home to Alaska’s third-longest runway. Both King Cove and Cold Bay are at the tip of the Alaska Peninsula, which juts southwest from mainland Alaska toward the start of the Aleutian Chain.

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

As part of the determination on whether to carry out the land exchange, the secretary of Interior was required to comply with the National Environmental Policy Act, Holland’s decision says in laying out the background of the case.

In late 2013, U.S. Interior Secretary Sally Jewell rejected the proposed land swap, a decision that followed several years of analysis and drew outrage from state political leaders. The road would have gone through Izembek National Wildlife Refuge, an internationally recognized habitat for migratory birds.

The lawsuit was filed last year by the city of King Cove, Alaska Native interests and others; the state joined as an intervenor-plaintiff. In a statement Tuesday, the King Cove plaintiffs said that while they’re disappointed with Holland’s decision, “we always knew this would be difficult. We are studying the decision and will consult with our partner in this case, the State of Alaska, before reaching any decision regarding our next steps in court. Our efforts to obtain legislative relief remain unabated.”

State Department of Law spokeswoman Cori Mills said by email that the state would evaluate its appeal options after fully reviewing the decision.

In a sharply worded statement, U.S. Rep. Don Young, R-Alaska, referred to Jewell’s actions as “heartless.”

“By denying the people of King Cove access to life-saving transportation and safe and reliable medical facilities, the Obama Administration sends a clear and resounding message: ‘we value wildlife over human life,’” Young said. “Sadly, for the people of King Cove and Alaska, this fight continues.”

In his decision, Holland said the 2009 federal legislation did not include a public health and safety component in the environmental review process. The National Environmental Policy Act, or NEPA, “addresses environmental impacts, not public health and safety impacts,” he wrote.

Congress recognized that a road from King Cove to Cold Bay would foster public health and safety and present environmental concerns, Holland wrote.

But rather than “make the hard choice between public health and safety and the environment itself, Congress left that decision to the Secretary, requiring that she comply with NEPA before approving the road and land exchange needed to construct the road. Given the sensitive nature of the portion of the Izembek Wildlife Refuge which the road would cross, the NEPA requirement for approval of the proposed road probably doomed the project,” he wrote.

“Under NEPA, the Secretary evaluated environmental impacts, not public health and safety impacts.

Perhaps Congress will now think better of its decision to encumber the King Cove Road project with a NEPA requirement,” Holland wrote.

More in News

Aspen Creek Senior Living residents, dressed as the Statue of Liberty and Uncle Sam, roll down the Kenai Spur Highway in Kenai, Alaska, during the Fourth of July Parade on Thursday, July 4, 2024. (Jake Dye/Peninsula Clarion)
Kenai to celebrate Independence Day with annual parade

The Kenai Fourth of July parade is set to start at 11 a.m. on Trading Bay Road.

The Soldotna Field House in Soldotna, Alaska, is showcased to the Soldotna Chamber of Commerce on Wednesday, June 25, 2025. (Jake Dye/Peninsula Clarion)
Soldotna previews field house as opening nears

Soldotna’s Parks and Recreation Department previewed the facility to the Soldotna Chamber of Commerce on Wednesday.

The Soldotna Field House in Soldotna, Alaska, is showcased to the Soldotna Chamber of Commerce on Wednesday, June 25, 2025. (Jake Dye/Peninsula Clarion)
Hospital to sponsor free walks for seniors at field house

Through June 2027, seniors aged 65 and older will be able to use the field house walking track from Monday through Friday from 8 a.m. to noon.

A sign warns of beaver traps in Kenai, Alaska, on Tuesday, June 24, 2025. (Jonas Oyoumick/Peninsula Clarion)
Kenai works to abate flooding caused by beaver dams

Dams have caused flooding near Redoubt Avenue and Sycamore Street.

Soldotna City Hall is seen on Wednesday, June 23, 2021, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Soldotna approves 2026 and 2027 budget with flat sales and property tax

The city expects to generate more than $18 million in operating revenues while spending nearly $20 million.

A salmon is carried from the mouth of the Kasilof River in Kasilof, Alaska, early in the morning of the first day of the Kasilof River personal use sockeye salmon dipnet fishery on Wednesday, June 25, 2025. (Jake Dye/Peninsula Clarion)
Kasilof dipnetting opens

Dipnetting will be allowed at all times until Aug. 7.

A sockeye salmon rests atop a cooler at the mouth of the Kasilof River on Monday, June 26, 2023, in Kasilof, Alaska. (Jake Dye/Peninsula Clarion)
Bag limit for Kasilof sockeye doubled

Sport fishers can harvest six sockeye per day and have 12 in possession starting Wednesday.

The Swan Lake Fire can be seen from above on Monday, Aug. 26, 2019, on the Kenai Peninsula, Alaska. (Photo courtesy Alaska Wildland Fire Information)
Burn permits suspended across southern Alaska

The suspension applies to the Kenai-Kodiak, Mat-Su and Copper River fire prevention areas.

Rep. Bill Elam speaks during a legislative update to the joint Kenai and Soldotna chambers of commerce in Kenai, Alaska, on Wednesday, June 18, 2025. (Jake Dye/Peninsula Clarion)
‘Nothing prepares you’

Rep. Bill Elam reports back on his freshman session in the Alaska House of Representatives.

Most Read