Federal appeals court sides with environmental groups in latest ruling on King Cove road land swap

The 9th U.S. Court of Appeals for the Circuit has overturned a ruling earlier this year that cleared the way for a land deal to facilitate construction of a road through the Isenbek National Wildlife Refuge that connects two communities on the western tip of the Alaska Peninsula. did.

It is the latest reversal of a decades-old debate over whether to build an 18-kilometre gravel road through what environmentalists claim is the pinnacle of biodiversity worth protecting. Other Alaskan stakeholders say their health, safety, and economic well-being depend on connecting the King Bay community with Cold Bay’s all-weather airport.

Thursday’s Ninth Circuit Court ruling ruled three minors that the Secretary of the Interior is authorized to exchange land defined as protected wilderness under the Alaska Land Conservation Act without Congressional approval. It essentially quashed the March ruling by a large panel of judges. Instead, the case should be heard again by the full bench to determine its legality.

A land swap deal between the U.S. Department of the Interior and the King Cove Village Company was initially pursued under the Trump administration and later backed by officials in the Biden administration.

Environmental groups called Thursday’s action by the 9th Circuit Court an immediate victory.

“It was clear from the outset that the devastating ruling by two Trump-appointed judges upholding the land swap must be reviewed by a court for the benefit of wilderness areas and wildlife sanctuaries across the country. We did,” said Karlin Ichoak, senior regional director for Alaska. On behalf of the Wilderness Society, in a press release sent on behalf of the Plaintiff Group. “We trust the entire Ninth Circuit to hold that the land exchange is illegal and undermines the provisions of the Alaska Land Conservation Act.”

[Earlier coverage: In King Cove, Interior Secretary Haaland gets an earful from residents and receives an honor]

Plaintiffs dispute the argument that because the road produces economic benefits, it should be allowed to bypass processes designed to protect the environment and wildlife under ANILCA.

“It’s really disappointing that national and local environmental groups continue to support this,” said Della Truumble, director of King Cove Corp., which has long promoted this path. “Very frustrating and disappointing that this continues.”

Proponents say the main reason for connecting the two communities is Cold Bay’s sizeable airstrip, large enough for jets to land more or less regardless of weather conditions. This includes emergency medical flights in the event of a health or public safety crisis, and commercial passenger services for residents who need to disembark from the peninsula. With no road access, Mr. Trumbull said he had just returned from a medical trip by sea.

“Yesterday I boated back from Cold Bay to King Cove,” said Trumbull, who has a bad knee. “This was my last trip on a boat. I can’t do this anymore.”

Just hours after the Ninth Circuit’s ruling on Thursday, Mr. Trumble said the future course of action for the litigants was still unclear.

“We’ll see what the next step will be, but the fight isn’t over,” Trumbull said.

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