Ballot measures go to court, could halt Pebble Mine
Published Wednesday, February 13, 2008
Lawyers from multiple sides debated a billion-dollar question in state court Tuesday in Fairbanks.
At stake are two ballot initiatives that could halt the construction of the controversial Pebble Mine.
One initiative, approved by Lt. Gov. Sean Parnell, would prevent large metallic mines from discharging harmful amounts of pollution. A second, not approved by Parnell, bans pollutants from being discharged in drinking water or salmon streams. Parnell claimed the wording was too broad, and the fate of that initiative will be determined by the Alaska Supreme Court.
If either Clean Water Initiative gets on the ballot this fall and is approved by voters, it could halt plans to develop the Pebble Mine in Southwest Alaska. The gold, silver and zinc deposits in the Pebble area could be worth as much as $10 billion in revenue to the state, lawyers said Tuesday.
Lawyers for the plaintiffs, the Association of ANCSA Regional Presidents and CEOs, the Alaska Federation of Natives, the Council of Alaska Producers and the developers of Pebble Mine, argued that the initiatives violate the state constitution because they would override the Legislature’s power to appropriate natural resources such as water and minerals.
“After 500 pages of briefs, you would not think I could stand front of you and tell you it’s a simple case, but it is,” Howard Trickey, an attorney for the Council of Alaska Producers told Superior Court Judge Douglas L. Blankenship.
Mine operators and the AFN have also expressed concern that the initiatives could thwart future plans to expand mines already in operation, since the initiatives only pertain to new metallic mines larger than 640 acres. Mines of that size already in operation would not be affected.
Jamie Linxwiler, an attorney for the AFN, argued that halting future expansion of existing mines could devastate Alaska’s 12 Native regional corporations and their shareholders, potentially depriving them of hundreds of millions of dollars.
“These benefits can be lost if the initiatives go forward,” he said.
Defense attorneys told the court the initiatives did not violate the Legislature’s power of appropriation because they did not set aside water and minerals for another entity.
“The initiatives only seek to protect water and regulate mining waste,” Jeff Feldman, one of the attorneys for the initiative, said.
They also urged the judge to let the initiatives stand for now and let courts decide if the initiatives are constitutional if and when voters approve them.
Judge Blankenship said he would issue a ruling on the case this week so both sides would have time to file appeals before ballots are printed in July.
Comments
"...would prevent large metallic mines from discharging harmful amounts of pollution. A second, not approved by Parnell, bans pollutants from being discharged in drinking water or salmon streams."
This is common sense here people. But obviously vague. Potentially the largest mine of its kind in the world, as it has been touted, will undoubtedly discharge significant amounts of pollutants into salmon streams. We will see how the big money law and PR squad of this mining corporation, that does not give a damn about the health of natural Alaska, helps shape the debate before the Supreme Court hears anything.
This is a no brainer right next to the biggest salmon populations in the state- let's hope that science defeats economics this time....
These are the same initiatives used to shut down molybdenum mine behind Ketchikan many years ago.We already have everything that is needed to protect our waters.We already have plenty of places for the rich people to go for their entertainment.Lets get real.Help our state by developing our natural resources.We should have learned a valuable lesson when we let the feds shut down all the logging in Southeast Alaska.That alone ruined the life and lifestyle of thousands of Alaskans.
You fool. The Tongass has been raped and pillaged. What do you do? How can I ruin your life and lifestyle?
Your brain damage is a result of mining tailings reaching your aquifer...
Do your homework and do the math. In just six months, the value of Pebble increased by one hundred billion dollars. That's nearly equal to three times the total value of the Permanent Fund. At this rate, Northern Dynasty could afford to catch every last salmon with fluffy, silk pillows and air lift them individually to anywhere they wanted to go. Short of that, I'm sure they could afford to implement any measure asked of them to insure you and I will get our fair share of those comfortable salmon.
First off the Tongass has not been raped or pillaged. I know I lived there. What it has been is turned from a Multiple use National Forest into a defacto National Park. Most of the more heavily logged islands were Native land; in other words fee simple private property managed as the owners saw fit. Pebble and Donlin and perhaps Doyons 40 mile offer the local residents of these areas a real chance at prosperity in Pebbles case for hundred years. If you look where it is and what it affects and understand that it is in the headwaters of only one small creek in a five river Bristol Bay system the impacts on salmon will be slight if any. I suggest the opposition to Pebble is less concern about fisheries and more opposition to mining in general. Hence endless law suits at Kennsington, Rock Creek and even Pogo ad nauseum. We will not survive as a State on tourist dollars and the oil is diminishing by the year.I payed income taxes in Alaska I remember before oil, sometimes I wonder if anyone else does.
Mines pollute and logging destroys the natural balance of the land we inhabit. To be sure, mines don't have to pollute, but in the end corporate profit wins out over the land, and over the people.
Until the big corporations can finally figure this out, cut the record profits, and ACTUALLY set up industrial systems to use our resources without damaging the enviroment, we don't need either in Alaska.
It's not hard to look at mining, or logging, in general since their atrocious record speaks for itself.
Here's a little more homework for all imported "Alaskans" who are here to be "one" with nature and to pretend to give a crap about this wonderful and magnificent State! I grew up in Rural Alaska then moved to Fairbanks and fell in love with its non-major urban feel.
Now for some Mining Facts: Resources in Alaska have been utilized since the late 1880's. Currently, the mining industry adherers to extremely high environmental (water quality and fish habitat) standards. When a company is in the planning stages it is REQUIRED to file a reclamation plan before any minerals are extracted from the ground.
The economics of the mining industry:
* $3 million in property taxes paid by Fort Knox to the FNSB!
* $9 million in lieu of taxes paid by Red Dog to the Northwest Arctic Borough!
* $175 million in state government revenue though royalties, rents, fees and taxes
* $170 million in payments to Alaska Native Corporations (NANA, Red Dog Mine).
* Jobs - 3,500 direct mining jobs in Alaska and 5,500 direct and indirect jobs in Alaska (aka jobs for spouses, children, contractors, etc).
Do you want your property taxes to go up, your GVEA bill to go up (more than it has)? Because it will if the so-called “Clean Water” Initiative passes and shutdowns all Alaskan Mines. This initiative WILL shutdown existing mines and it will prohibit future mines, it is not just to block the Pebble Mine, which the media and others will lead you all to believe.
So THINK PEOPLE – THINK about the greater good of all Alaskan, current, lifers and their future grandchildren.
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