It’s on to the Supreme Court. But first stop, the Ninth Circuit Court of Appeals.
The Alaska Industrial Development and Export Authority, along with the Kaktovik lnupiat Corporation, Arctic Slope Regional Corp., and the North Slope Borough, have filed an appeal with the Ninth Circuit over the Biden Administration’s cancelled leases in the Arctic National Wildlife Refuge.
The appeal challenges an August 2023 ruling by U.S. District Court Judge Sharon Gleason regarding the suspension and moratorium of the Arctic National Wildlife Refuge Coastal Plain 1002 Area oil and gas program mandated by the Tax Cuts and Jobs Act of 2017.
In that lawsuit, AIDEA said the lease termination violated a statute that directs the Interior Department to award leases covering at least 400,000 acres in ANWR. Gleason dismissed the lawsuit.
Gov. Mike Dunleavy said of the decision, “The State of Alaska has long been at the forefront of fighting for our state rights and pushing back against federal overreach. The federal govemment‘s actions regarding the ANWR leases not only undermine our state’s autonomy but also hinder our ability to harness our rich natural resources for the betterment of all Alaskans which was guaranteed in the 2017 Tax Act. This appeal is crucial in our ongoing efforts to assert Alaska’s rights and potential.”
Statements were also made by the partners in the lawsuit:
“Kaktovik is the only village within the project area. Our involvement in this appeal is about protecting the rights and future of our people. The decisions made by the Department of Interior have significant implications for our community, and it’s essential that our voices are heard in this matter,” said Charles Lampe, President of Kaktovik liiupiat Corporation.
“The Department of the Interior seems to believe that they care about this land more than we do. The elected leaders of the North Slope spoke in unison in opposition to this rule and the rulemaking process. To refuse to listen to our voices is to say that you know better – better than the people who have been this land’s stewards for the past 10,000 years, and who depend on its continued health for their own survival. We deserve the same right to economic prosperity and essential services as the rest of this country, and are being denied the opportunity to take care of our residents and community with this decision. it is insulting and, unfortunately, representative of the federal government’s treatment of our indigenous voices for decades,” Mayor Josiah Patkotak of the North Slope Borough said.
Sen. Lisa Murkowski said she was the lead author of the section of the Tax Cuts and Jobs Act that mandated the lease program and at least two lease sales by the end of this year. She said the Department of the Interior’s recent actions violate the law.
“My team and I invested countless hours in crafting this legislation, ensuring it balanced economic development with environmental stewardship. lt’s crucial that the clear intent and plain direction of this law, to responsibly harness the energy potential of the 1002 Area for the benefit of Alaskans and the nation, are fully realized,” she said.
