Jimmy Carter asks court to defend Alaska’s ‘unrivaled wilderness’
alaskapublic.org
alaskapublic.org
*: subject to the land swap, which Carter argues is illegal
We did.
Congress used our tax dollars to purchase Alaska and then later on carved out part of that purchase as this reserve. It is in no way more their land than it is the New Yorker’s or the Californian’s.
When you don’t have sole ownership of a piece of property you don’t have sole say in its use. I am sorry that’s Alaskans feel upset that they don’t have the right to use our property as they see fit
In many cases, the "people" who want to develop things are actually not people but rather businesses or agents of businesses.
Go to rural or remote places which have been upgraded and you will find locals lamenting about the changes which invited industry. Many people like their environment undisturbed.
This is wildly incorrect. Alaskans have vastly higher relative representation in the federal government than New Yorkers, and it really isn't close. It's something like 3x as many house/senate votes per capita!
It's just not absolute. New Yorker are Americans, just like Alaskans, and so New Yorkers get a say about what to do with American resources like federal wilderness areas, just like Alaskans get a say with how to regulate New York guns shops, medical procedures or tax rates.
We call that "democracy", and while it's currently sorta falling apart in this country (due in no small part to the kind of absolutist arguments being deployed right here in this subthread) it's the best scheme we've picked. People really need to start finding ways to live with it instead of burning everything down.
I got to see this first hand during the Barnette Shale gas drilling boom in the mid-2000s. As Texas, particularly the DFW area was very pro-oil&gas, many people were very much in favor of fracking and the possibilities it opened up.
Many of those people stopped being in favor once actual wells appeared in their neighborhoods. At one point I could see five different wells from the second floor of my suburban home. Their noise was audible all the time, and our roads became clogged with heavy trucks delivering liquids and materials necessary for the fracking process. Oh, our roads got destroyed rapidly from those trucks as well.
The few landowners who got lucrative mineral lease deals were very happy, but "the people" living all around were definitely not happy. So a small few individuals profited well, a few oil and gas companies profited very well, and the general population suffered.
That was even before the earthquakes started.
Keep in mind also that "the people" are generally speaking rather like sheep -- not stupid necessarily, but given to following the herd. "Everybody knows" that Texas is an oil state, so it's only natural that you will be in favor of the industry your state is famous for. To go against that means you no longer fit with your neighbors, colleagues, church members, sometimes even your family (if you're from Texas you probably have a cousin who works in the industry) etc.
However, after negative outcomes appear too often or too clearly, the concept of "the people" fractures. I can't speak for the SF folks, but I would bet that there are quite some strong differences of opinion amongst them, just as there are people living in nature who are very opposed to development around them.
And you think “gentrification” (i.e. private sale/renting of private property in low-income neighborhoods to yuppies) is essentially the same as the President unilaterally deciding to sell part of a congressionally established National Wildlife Refuge to land developers, because you can find someone unhappy with either one?
The distinction you’re pointing to—federal versus private ownership, is both inaccurate and irrelevant. Nobody is “gifted” anything—the federal government leases or sells the land. And from the perspective of the local community the distinction doesn’t make a difference. They care about the economic development, not the legal particulars of the property rights. The legal particulars also don’t matter to the conservationists—their objection isn’t the price that the government is getting for these leases.
Hand-waving away all of the details because you think “jobs” outweigh “the legal particulars” is a free pass to support pretty much anything you personally prefer (or personally profit from), irrespective of its harms.
I’m sure it would create a lot of short term jobs if we leased Yellowstone to the Disney company to develop into a theme park. But “maximizing short-term local economic development” is not how we make decisions about what to do with congressionally established nature preserves.
He's going to be 100 years old in 2024. [1] If that's not too old for being a president, we might as well elect dead men.
Given our decadence, that would significantly increase the quality of average politician.
Probably just slightly better than the current and previous office holders.
The last thing we need in this world it the worlds most powerful man being a full century old and inheriting an economy that is only slightly worse than the one he left us with when he was 55.
I don't know the route they're proposing, but maybe 60 miles over mountains. Ugh. The ambulance isn't going to be going 60 over washboard roads.
The good people of Alaska can do whatever they want, but if the concern is medical emergencies, they should seriously consider keeping a plane at the airport, illuminate the airport, and make sure the runway stays plowed. Anchorage is about 900 miles away. A helicopter ride over to cold bay, then on a plane to Anchorage might be easier if they can keep a pilots on hand.
Actually there's a bunch of really small, really remote communities up there. helicopter service to cold bay, plane to the trauma center might be a really good plan.
If they're concerned about emergency services - Anchorage seems like the closest trauma center. 900 miles away. Maintain the airport and keep a plane there. Screwing around with an hour drive before getting to a plane seems like the kind of plan that won't really help much if you need emergency services.
The issue isn’t this specific road, it’s every other time someone wants to go through a wildlife refuge.
What they actually want to do is use our property to support their lifestyle. It should not be surprising that others have a problem with that
Also, you could make the ferry ride about half as long if you start on the other side of the peninsula from King Cove (only need two miles of road!).
Congress wrote a review in 2015 that assessed the possibilities for a helicopter and a ferry:
https://www.energy.senate.gov/services/files/D8EA08E9-75F1-4...
The issue is they can't get there.. the airport is already all weather.
let's assume $5.00/sq ft to lay down gravel - 5280 ft/mi * 60mi * 10ft wide road is about 3 million. That's pretty generous given the remote location, need to ship the heavy equipment.
I really don't know, but you could dodge a lot of lawsuits and shave an hour off of time to trauma center. Which, as I understand it, is the real goal. get hurt people to treatment as quickly as possible.
Next is the question of maintenance, if you actually want to save an hour the runway would need to be kept clear 24/7 which is expensive. Alternatively, they can start clearing the runway after the emergency which costs less money but more time. On the other hand a gravel road should be passable via off-road vehicle or snowmobile with minimal effort. Over say 30 years the road might be the clear winner.
I mean, like, peoples lives are at stake. Speed wins every single time. the longer someone goes without treatment, the less chance they have at survival. And that's the root question here. Access to emergency services. It's a solvable problem.
I'm sure if you poke around you could find a better deal.
but the reality is, it's 30 miles by boat - even if they build the road people are always going to take the boat, because it's always going to be faster.
https://www.cartercenter.org/resources/pdfs/amicus-brief-jim...
Carter's argument: Regardless of any facts surrounding the purpose of a road, the 1980 ANILCA did not authorise (Trump's) Secretary of the Interior to review and permit development in refuges on an ad-hoc basis, via section 2192(h)(1) land exchanges. A majority of a three-member panel of the Court of Appeals got it wrong. The Court needs to reconvene, en banc.
"But the decision of the panel majority in this case rests on a grave misunderstanding of the fundamentals of this vital law. In enacting ANILCA, Congress did not, as the decision concluded, vest the Secretary with discretion to decide whether lands like the Izembek National Wildlife Refuge should be retained in their natural state or whether the economic and social benefits of road-building or other development outweigh the ecological and subsistence harms that such activities would inflict.
That is precisely what ANILCA disallowed when it expressly designated particular lands for conservation and subsistence, legislative decisions that carry corresponding, enduring protections. Those designations were not based on the assumption that these lands lacked economic value. Just the opposite: ANILCAs framers and supporters knew there would forever be claims, often advanced by organized and well-financed interests, that they should be put to immediate use for local economic development and other purposes. Valuable benefits to the Nation as a whole, to subsistence users, and to future generations would fare poorly in an ad hoc balancing."
Carter is 97 years old.
The amicus brief immediately raised alarm bells on first reading, suggesting that Congress didn’t intend the Secretary to consider economic values. Congress basically never does that in an environmental law. They are always a compromise that requires balancing conservation goals with economic needs.
That’s true especially in this context, where native land is at issue.
Summary
https://leftcoast.mofo.com/topics/This-Week-at-The-Ninth-Mar...
https://eelp.law.harvard.edu/2021/02/the-izembek-refuge-road...
2019 District Court of Alaska opinion
https://www.biologicaldiversity.org/programs/public_lands/pd...
Secretary Zinke's 2018 Land Swap Set Aside for APA Violation
https://casetext.com/case/friends-of-alaska-natl-wildlife-re...
Secretary Bernhardt's 2019 Land Swap Set Aside for APA Violation
https://casetext.com/case/friends-of-alaska-natl-wildlife-re...
DOJ's Opening Brief on Appeal
https://fingfx.thomsonreuters.com/gfx/legaldocs/klvykeqnqvg/...
9th Circuit Decision (See Justice Wardlaw's dissent)
https://casetext.com/case/friends-of-alaska-national-wildlif...
Friends of ANWR Petition for Rehearing En Banc
https://drive.google.com/file/d/1lwQRwznwLpoS6geNpPyP5lmiQHJ...
Administrative and Natural Resources Law Professors Amicus Brief
https://drive.google.com/file/d/1yFsg0bWStMhWLsBBt_cff0CwHds...
Former Secretary Babbitt and former Interior Solicitor Leshy Amicus Brief
https://static1.squarespace.com/static/5c2a3500f793923866cf1...
Does anyone remember Carter recommending coal as an environmenally friendly strategy during the 70's energy crisis. And the late Senator Tsongas (RIP) opposing Carter on domestic oil strategies. Eventually they worked together on ANILCA.
For one thing I'd imagine there's a significant amount of private land with negligible monetary value because it lacks transportation infrastructure and the legal rights to construct such infrastructure. If local communities can convince the state to build roads through national parks, refuges, and wilderness areas I'd imagine the private lands around those areas will hugely increase in value. I wonder if this will kick off a land rush and drive more development in these areas.
The downside of course is that the ecological value of these lands would plummet, since many animals that roam or hunt require uninterrupted contiguous areas.
Alaskan low density makes it a great place for the new technology to get tested in real use and have its early problems worked out.
and that is the fight those people should spend their effort/money at.
'Trustees for Alaska' seems to be another majority out-of-state funded greenie organization that prioritizes a twisted anti-human agenda where if they got their way, entire villages would be eliminated and all of the residents relocated to an urban center.
Entire towns have been relocated for the greater good. Some examples are to build dams and reservoirs. Butler, Tennessee. American Falls, Idaho.
Grand Coulee Dam forced the relocation of 3000 people.
So many others, like these:
https://www.uncharted101.com/the-submerged-towns-of-america/
Yeah, dams and reservoirs that obliterated not just those towns but any and all surrounding habitats - while also in many cases interfering with fish stocks/migration. "Greater good" indeed.
Maybe we should be tearing down those dams before quibbling over a gravel road.
They also created new habitats.
These specious environmental lawsuits are why no infrastructure has been built in this country in 40 years. We need to protect the wilds but a regulatory structure that allows vetos of a gravel road to the airport? What the hell.
Environmentalists are like “hold my beer.” I actually spent much of law school taking environmental law classes. There’s a lot of good work done by environmental organizations. But “regulation by litigation” is broken. Activist organizations are incentivized to pursue cases that tug the most on heart strings (“protecting pristine Alaska wilderness”) instead of those that best balance costs and benefits.
> Residents in the community of King Cove want to exchange land to build a gravel road through the refuge to provide access to an all-weather airport in nearby Cold Bay for medical transports.
It's about power and control if you go by this part:
“The split panel decision would allow the secretary, without any public process or without compliance with any other laws, to engage in a backroom land exchange,”
I wouldn't do those things either, though. People get to choose where and how to raise their children. Children don't get a say so in virtually anything that affects them.
"Think of the children" is not a good argument.
Also the whole population is like 1200 people. We're talking about a relative handful of kids. Like one very small elementary school (edit: Google search says there's 87 kids in PK-12th grade. Combined.)
Is patently false. It's not "think of the children." It's pointing out that statement was a vicious lie. I'm pointing out they've simply ignored the people who were born there.
We're talking about a road connecting two closest communities. You've said yourelf you wouldn't do the things to remove these residents from these communities. I would find it hypocritical for someone to take advantages of roads in their own community while denying this community a single road to the closest airport to the kind of medical services that those in the lower 48 can drive to (even if it takes them awhile).
People can do things until they can't, I don't know what you're claiming otherwise.
I bought 40 acres adjacent to national forest service land and I keep about 38 acres of it wild. I try to improve the forest and provide good habitat, and I've been rewarded with a lot of wildlife.
I've said in another comment, I'm an hour from a hospital.
I am both doing a lot for my local ecosystems, and also demanding that a national forest owned by the national government thousands of miles away be preserved as wild.
You can change the phrasing to attack the idea, but that's my idea as I intend it.
The people there can serve their own interests just fine. I think a whole lot of us can help keep wild places wild, and that's equally important as you working locally.
Do we even know what the locals think, by the way? Like actual normal people who live there? I would bet it's not a one-sided issue.
I'm directing it at myself as much as anyone else. Like yeah, it's shitty that a gravel road could very well spiral into further ecological destruction and sprawl. It's also shitty to assume that it'll do so and use that assumption to actively hinder the quality of life for a community - especially when in all likelihood the vast majority of people wanting to impose such a hindrance do so from the comfort of lifestyles built upon far greater degrees of ecological destruction. It's great that you're making a positive difference (and if I had the funds to buy 40 acres of land I'd be thrilled to do something similar), but among those condemning a gravel road in a national forest, you're almost certainly the exception, not the rule - and even if I was such an exception, it still wouldn't be my place to judge them for that.
Put differently:
> Do we even know what the locals think, by the way? Like actual normal people who live there? I would bet it's not a one-sided issue.
No. We don't. That's exactly my point. Humans need to choose to be good stewards of the world they inherited. We lack the context, the moral high ground, and the ability to make that choice on anyone else's behalf.
> We lack the context, the moral high ground, and the ability to make that choice on anyone else's behalf.
I don't disagree with these sentiments. I feel the same.
But I don't think I'm deciding for them. I'm not part of the deciding body. I'm voicing my opinion in opposition, and in defense of our wild lands. We all have different motivations, and some of them are bad for our planet. I think it's fine to stand against them, and still accept the different viewpoint of others. I don't consider people with different opinions to be my enemies. Nearly every belief I can hold is disbelieved by another human, and that's okay--truly. I think we need to be experimenting with many ways of life.
But we're pissed on others for wanting a single gravel road, so that they don't die if some emergency happens...
As the old Serbian saying goes: "it's easy to beat hawthorns with someone else's penis"...
It's a really weird argument, you're basically saying that people shouldn't be allowed to upgrade their infrastructure ever? Imagine saying that for some poor country: "Oh, well, they either had no running water before, or they knew the situation before moving there, so screw them, they can just continue walking 5 miles every day to bring water from the spring".
Also they've been without that road a lot longer than 40 years, King Cove exists since at least 1930s. Population is dropping so I doubt many people have been moving there, most of people live there their whole life....and if they get sick or injured and planes can't land, they're screwed without that road.
In a wilderness area? No.
I'm sure there are plenty of wonderful places to live in Alaska that have access to a hospital. If one chooses to live in a wilderness area with no road service, one accepts no road service.
It isn't unusual for elderly people to move to a place that is easier to maintain and is in close proximity to a hospital.
I cannot come up with any motivations besides the guy actually just wants to protect the wild.
He grew up close to the land, so that makes sense to me.
I can't find a single occurrence of "alaska" in his Wikipedia article. Got any ref?
Edit: I don't mind the downvote, but could someone explain if I missed something obvious?
Thanks for your kind explanation. This is the part I didn't know.
In my defence, I did check the dictionary [1] but didn't find anything to suggest land means nature/rural/etc.
The people there are welcome to enjoy the wilderness. Not pave it.
I don't have any claim whatsoever to the lands of my ancestors, either. Nor do I have any claim on the land my neighbors live on, or the nearby park.
I live five miles from pavement, an hour from a hospital, so I understand these concerns.
I would be absolutely disgusted if they paved through my local national forest for some quicker access to... Anything. Literally anything.
Those people all have the choice to leave. Living in remote places comes with many, many tradeoffs and inconveniences. There's no safety in the wilderness.
Keep the wild places wild. There's so little left.
Human life should matter more than some self-hating environmentalists’ desire for the earth to be some perceived paradise devoid of humanity.
This logic will lead to the complete destruction of all natural environments on the only planet in the solar system to host life, and then to our extinction.
"They paved paradise and put up a parking lot."
But an airport? Really?