Athabascan, other groups appeal DNR’s approval of coal exploration in Alaska’s Wishbone Hills
Earlier mining damage. Some seams still burn.
ANCHORAGE, Alaska–The law office of Geoffery A. Stauffer issued a press release Aug. 8 on behalf of the federally recognized Athabascan Tribe, and Chickaloon Village Traditional Council.
The tribe, joined by the Castle Mountain Coalition and individual local Mat-Su residents filed appeals against an Alaska Department of Natural Resources July 7 decision that would allow coal exploration by Usibelli Mine, Inc., in the Wishbone Hills near Sutton, Alaska.
Their appeal asks that the DNR rescind its approval until and unless DNR and Usibelli comply with state and federal laws, and enter into consultation with CVTC, and allow for public comment. CVTC’s appeal “challenges DNR to go back and take the hard look required by state and federal law at the impacts of exploration on the constitutionally protected religious and cultural rights of CVTC members as required by state and federal law.”
Among other issues, CVTC’s appeal focuses on the failure of DNR to consult with CVTC, its
Salmon habitat in Alaska's Wishbone Hills.
failure to adequately consider exploration’s impacts on CVTC’s religious and cultural practices within and adjacent to the permit area, DNR’s failure to take into account the effects to historic, cultural and archeological resources and sacred sites, and their failure to take measures to protect salmon and salmon habitat restoration efforts jointly undertaken by the U.S. Fish and Wildlife Service and CVTC.
CVTC additionally joined the Castle Mountain Coalition in challenging DNR’s failure to take into account the increasingly residential character of the area, the health and welfare impacts of increased mining and heavy equipment traffic, and the faulty and incomplete baseline data produced by Usibelli.
CVTC alleges that their culture has been under attack from coal mining for more than a century. “This latest attack by Usibelli hardly comes as a surprise to CVTC. In the early 1900’s the US Navy and coal miners brought alcohol, disease, and destruction to Chickaloon’s people. Survivors soon discovered that coal mining had destroyed the spawning habitat of the salmon they relied on for cultural and physical survival.”
It has only been since 2002 that the U.S. Fish and Wildlife Service and CVTC could begin the process of restoring salmon runs in Moose and Eska Creeks, they say. USFWS and CVTC have put more than $1,000,000 and thousands of hours into restoring the salmon habitat. The return of these once great runs will benefit not just the tribe but all Alaskans.
“But now, Usibelli, with help from the DNR, threatens to wipe out these efforts entirely. DNR’s decision approving the use of drilling compounds with known toxicity to fish and aquatic life failed to give adequate consideration to the salmon restoration efforts of CVTC and the USFWS. The agency ignored its obligations under federal law to consult with the tribe before allowing Usibelli to roll its bulldozers and heavy equipment into the permit area, prior to the expiration of the time period for appealing its decision!
Permit area near Moose Creek.
“Regrettably, this violation of due process is not out of the ordinary for DNR. DNR made its ‘Final Decision’ to allow exploration just one day after Usibelli submitted an updated application. No public comment period was allowed on Usibelli’s changes. Worse, today as the appeal was being filed, DNR admitted that the fax number posted in the decision (used for filing the appeal) had been ‘taken down’ more than a week ago! “Evidently, DNR does not place a high value on the public’s right to have input on mining projects.”
CVTC filed their appeal to protect its members’ constitutional and human rights to the free exercise of their religion, to protect the health and welfare of their members, to protect sacred sites and irreplaceable cultural resources, and to protect the wildlife central and necessary to the Athabascan way of life.
By the DNR’s failure to take into account these considerations when it approved Usibelli’s permit, the tribe is asking that Commissioner Irwin put a halt to Usibelli’s exploration activity.
They say that with the law on their side, they fully expect that result.
Mother Earth Journal is a news project of environmental journalist Terri Hansen. Why don’t you follow Terri on Twitter? She’s on Facebook too.
