Friday, August 28, 2026
Home Blog Page 3

Grand jury issues subpoenas in federal probe of alleged voter-confusion conspiracy by Petersburg’s Dan Sullivan

The federal investigation into Petersburg’s Dan J. Sullivan has advanced, with a federal grand jury issuing subpoenas last week to witnesses linked to his U.S. Senate campaign, according to an exclusive report from NBC News.

A law enforcement official told NBC that the subpoenas seek information connected to the candidacy of the retired Petersburg teacher, who shares a name with incumbent Sen. Dan S. Sullivan (R-Alaska). Investigators are examining whether Dan J. Sullivan’s entry into the race was part of a conspiracy to confuse voters and divert support from the incumbent. This marks a new phase in a probe involving the FBI and the U.S. Attorney’s Office for the District of Alaska looking at possible wire fraud or a conspiracy to deprive Alaskans of a free and fair election process.

Dan J. Sullivan, a retired teacher from Petersburg, filed to run as a Republican in late May, just before the candidate deadline. The Alaska Division of Elections, under Director Carol Beecher, removed him from the ballot on June 15 after determining his candidacy was not filed in good faith and appeared intended to confuse voters—citing his recent party registration change, similarities to the incumbent’s campaign materials, and other factors. Anchorage Superior Court Judge Thomas Matthews ordered him restored to the ballot on June 26, ruling that the Division lacked legal authority to impose a “good-faith” requirement not found in the U.S. Constitution, Alaska law, or its own regulations. The Alaska Supreme Court affirmed that decision on June 29, just hours before ballots were set to be printed, allowing him to appear on the August 18 primary ballot (listed as Daniel J. Sullivan Jr.).

Federal grand juries in the District of Alaska consist of 16 to 23 ordinary citizens randomly selected from the community. These private citizens, not Department of Justice employees, hear evidence presented by prosecutors behind closed doors under the strict secrecy rules of Federal Rule of Criminal Procedure 6(e). Their role is investigative: they decide whether probable cause exists to believe a crime occurred and may compel the production of documents or testimony through subpoenas. A simple majority is sufficient to approve a subpoena or, later, return an indictment. No judge is present during the presentation of evidence, and the target of the investigation generally has no right to appear or offer a defense at this stage. The identities of the specific grand jurors handling this matter remain confidential and are not publicly available; participants in the process are prohibited from disclosing what occurs inside the grand jury room.

This development follows earlier reporting, including Must Read Alaska’s July 1 coverage of a Wall Street Journal opinion piece by Michael Fragoso and Sean Cooksey. That piece argued that Dan J. Sullivan—sometimes called “Decoy Dan”—could face federal charges for conspiracy against rights under 18 U.S.C. § 241 if evidence showed coordinated efforts to place a same-name candidate on the ballot with the intent to deceive voters who support the incumbent. Dan J. Sullivan has denied any intent to confuse voters.

The U.S. Attorney’s Office for the District of Alaska has not publicly confirmed or denied the existence of the subpoenas or the broader probe. Dan J. Sullivan’s campaign has previously declined comment on related reports. An investigation does not automatically lead to charges, and any further developments remain protected by grand jury secrecy.

In the August 18 primary, “Decoy” Dan J. Sullivan placed third, receiving a mere 2.4% of the votes. He will advance to the general election ballot alongside Democrat Mary Peltola, who received 48% of the primary votes, and the incumbent Senator Dan S. Sullivan, who placed second with 42.8%.

Woman shot by officer on election day after pointing gun at school being used as polling place

At around 3:00 PM on the day of the 2026 primary election, August 18, a woman pointed a gun out of a third-story apartment window at officers on the ground and at a school across the street which was being used as a polling place. The woman was shot in the upper body by an officer on the ground and pronounced dead on the scene.

Officers responded to a call from The Adelaide, which currently serves homeless individuals meeting low-income limits, at about 1:34 PM. The Adelaide is located on E. 9th Ave. across from Denali Montessori Elementary. The caller said that an intoxicated and suicidal woman was inside the building and had pointed a gun at two staff members of The Adelaide. Police employed various deescalation tactics through their mobile intervention team and crisis negotiators.

Police Chief Sean Case stated, “They were able to establish some contact throughout that hour and 3 minutes, although none of the contact was meaningful. They used loudspeakers, attempted phone contact, and were able to get just short spurts of contact with the female inside. We had on-duty SWAT members immediately respond with special equipment that they have available to them.”

Police also used a drone to monitor the front door of the woman’s apartment, evacuated the apartment complex, and notified the school across the street of the situation. The woman was told she was under arrest for two felonies of Fear Assault with a Gun. The woman was then seen pointing a gun out of a window at officers on the ground and Denali Montessori Elementary across the street. Then, an officer fatally shot the woman in the upper body.

“We had the right personnel, we had the right equipment, we had containment, we had communication, evacuation— like so many times that we’ve had calls like this in the past that have ended in a safe resolution and taking the individual into custody,” stated Chief Case. “Sometimes you just can’t control everything… sometimes we just can’t control the behavior of other people. And in this case, we had a suicidal, intoxicated individual that made a decision that put the public at risk.”

Per policy, the name of the involved officer will be released in 72 hours. This is the 7th Officer Involved Shooting of 2026.

The state’s Office of Special Prosecutions (OSP) will review the officer’s use of force and determine whether it was justified. Once that has been completed, APD Internal Affairs will review the officer’s actions to confirm whether there was any violation of policy. As per APD practice, the officer will be placed on administrative leave. Once OSP has completed their investigation, their findings will be available for the public to review.

Skagway Ferry Terminal closed for emergency repairs after cracks found in abutment

On August 19, Alaska DOT&PF announced it is working under an emergency contract to repair the Skagway Ferry Terminal, which is closed until the repairs are completed. Repairs include replacing six anchor chains, stabilizing the terminal float, and repairing the damaged concrete abutment.

Alaska DOT&PF had closed the Skagway Ferry Terminal after cracks were identified in the concrete abutment supporting the terminal’s vehicle transfer bridge and passenger walkway. Crews will remove the vehicle transfer bridge and passenger walkway to provide the access needed to complete repairs to both the float and the concrete abutment.

There have been no injuries, vessel contacts, or environmental releases associated with the incident, which was first reported on August 13.

“We now have a clear path forward and are moving aggressively to put the contractors, equipment, and materials in place,” said Marine Highway Director Craig Tornga. “Our goal is to restore service as quickly as possible, but the terminal will not reopen until the float is stable, the abutment is repaired, and our engineers determine the facility is safe.”

A reopening date has not been established. Once the detailed repair plan and construction sequence are finalized, DOT&PF will provide schedule and repair updates at FerryAlaska.com.

DOT&PF says, “The department recognizes the importance of upcoming community events, including the Klondike Road Relay scheduled for September 11. DOT&PF is advancing the work with these important community needs in mind.” They will be working closely with event organizers and private passenger ferry operators to provide alternative transportation during the terminal closure.

The Skagway terminal office remains open to answer questions and assist passengers with reservations, but vehicle and passenger ferry operations at the terminal remain suspended. Information about affected sailings, schedule adjustments, and repair progress is available at FerryAlaska.com.

Passengers should visit FerryAlaska.com or call 1.800.642.0066 for current sailing and reservation information.

Opinion: What is Louise Stutes trying to hide?

0

By Greg Sarber

This article was originally published in the author’s “Seward’s Folly,” the author’s personal Substack, August 17, 2026.

There is something fishy going on with the consent decree that Representative Louise Stutes signed with the Alaska Public Offices Commission. After admitting to numerous campaign finance violations, she now appears to be trying to conceal information she was required to disclose. Even worse, it looks like the APOC is helping her do so. There are two issues with this mess that the voters should be concerned about.

The first concern is the appearance of APOC bias in favor of Stutes. In Finding Number 2 of the consent decree, Stutes agreed to reveal the names of anonymous donors who contributed to her 2022 reelection campaign, and to do so within ten days. The full APOC commission reviewed and approved the consent decree in a hearing on August 3rd, meaning Stutes should have had until August 13th to turn over the donors’ names. However, in what appears to be an intentional move to help Stutes, APOC staff did not release the consent decree approval order on August 3rd, but sat on it for one additional unexplained week. They only released the final order on August 11th, which started the clock on Stutes’ ten-day time period.

The result of this suspicious extra week is that Stutes will not have to reveal the names of her mystery donors until after the primary election. This gives the appearance that the APOC intentionally slow-walked the consent decree to hide the information from the voters to avoid damaging Stutes’ election chances.

The second important issue in this mess is the puzzling reason why Stutes hid the identity of donors in the first place. Back in 2022, there were no limits on how much money could be donated to a legislator’s reelection campaign. Anyone could legally contribute any amount, and since the amount of money donated was a relatively small total of only $4,559.57 from five donors, the amount is not large enough to raise any warning flags. Perhaps the reason the donors are anonymous is not the amount; it is because their identities might turn off Republican voters.

One clue to that theory is that the anonymous contributions were made using a liberal online pass-through payment processor called Democracy Engine LLC. Its founder and CEO is Jonathan Zucer, a former ActBlue executive and DNC finance operations director. Importantly, unlike a PAC, this organization enables anonymous donations, primarily to left-of-center political candidates. Whoever used Democracy Engine LLC to funnel money to Stutes was probably from the political left, and she wanted that fact to remain hidden.

For example, since Stutes has caucused with the Democrats in the legislature for many years, the Alaska Democratic Party may have wanted to support Louise Stutes’ reelection campaign. If the Democratic Party donated to Stutes through the Democracy Engine LLC, their identity would be kept anonymous. Using this contribution technique is against APOC regulations, and when Stutes was caught doing so, the consent decree required her to disclose who the donors were, but she has not yet done so.

A second and more concerning possibility is that the donations were a quid pro quo from individuals seeking Stutes’ support on legislation. This could be an ethical violation of Alaska Statutes Sec. 39.52.120 or 39.52.130. We cannot confirm if that happened unless we can compare the names of the donors to legislation that Stutes sponsored in 2022. To be clear, I am not alleging that Stutes did anything illegal or unethical, but nobody can know for sure because Stutes has kept that donor information hidden.

The APOC’s mandate is to require transparency and disclosure from political candidates. In this case, they are doing just the opposite, helping Representative Stutes hide information the voters should have.

Since there are potential ethical violations involved, some people might wonder whether the Alaska House Ethics Committee should review Stutes’ actions. In reality, there is zero chance the Ethics Committee will act. The Democrat led majority in the legislature would never allow an investigation of a prominent member of their own caucus for ethics violations; they save that tactic for use against Republicans they don’t like.

If the APOC is dragging their feet and the House Legislative Ethics will not act, that leaves it up to the voters in District C, who still have one option left to them. They have a choice in the general election. They can vote for Louise Stutes, who has admitted to committing multiple campaign finance violations and wants to hide the identities of her mystery donors from the voters, or they can choose another candidate in the race. I do not believe the voters will pick Stutes, who has such difficulty telling the truth.

Greg Sarber is a lifelong Alaskan. He is a petroleum engineer who spent his career working on Alaska’s North Slope. Now retired, he lives with his family in Homer, Alaska. Greg formerly served as a board member of Alaska Gold Communications, Inc., the publisher of Must Read Alaska.

2 New Wells, And Maybe a Third: HEX Continues Drilling for Cook Inlet Gas

Alaska’s only 100% Alaskan-owned natural gas producer, HEX LLC (HEX), is advancing natural gas production in Cook Inlet through a major 2026 drilling campaign, new infrastructure investments, and continued operation of assets that support Alaska’s energy security and the Railbelt economy.

“HEX is developing the Kitchen Lights Unit (KLU) and related Cook Inlet infrastructure to help provide reliable, local natural gas for Alaskans. HEX is producing now. HEX is investing now,” said John Hendrix, President and CEO of HEX. “HEX has demonstrated a proven history of providing natural gas for Alaskans. In 2025, we doubled production, and had the top two performing wells in the Cook Inlet Basin. Ten percent of Cook Inlet natural gas came from HEX’s six wells. By continuing to drill and invest in Cook Inlet, we are supporting Alaska businesses and communities while helping ensure Southcentral has access to reliable, local natural gas.”

This year, HEX is investing roughly $50 million to produce Cook Inlet natural gas. Hilcorp’s Spartan 151, Cook Inlet’s only jack-up drilling rig, is on HEX’s Allegra Leigh Platform (ALP) in the KLU, where drilling is underway to a depth of over 9,000 feet. HEX aims to have two wells completed by end of October. If weather and winter icing conditions allow, HEX hopes to drill a third well before the end of the season.

Support from the Alaska Industrial Development and Export Authority (AIDEA) enables responsible development and economic growth. The drilling campaign is also supported by more than 25 local suppliers and HEX’s new 190-foot support vessel, the Atlantis, which is delivering supplies to the ALP utilizing dynamic positioning. HEX is also using an innovative dual wellhead system that enables two wells to be drilled from one slot, improving operational efficiency while supporting expanded deliverability from the KLU.

These operational investments build on HEX’s 2025-2026 winter infrastructure work, when the company doubled its well capacity by installing a new production header system that expanded from six wells to accommodate as many as 14 wells. Together, the production header system, dual wellhead system, and Atlantis support vessel reflect HEX’s planned commitment to provide natural gas for Alaskans.

Cook Inlet producers operate critical infrastructure that supplies natural gas to approximately 75 percent of Alaskans. The oil and gas industry supports over 2,000 jobs on the Kenai Peninsula where HEX operates. By continuing to develop local resources, producers support Alaskan jobs, local businesses, public revenue, and the community services that depend on a stable economic base.

About HEX LLC

HEX LLC is Alaska’s only 100% Alaskan-owned natural gas producer. Headquartered in Anchorage with operations in Nikiski, HEX owns and operates natural gas leases and critical infrastructure in Cook Inlet and on the Kenai Peninsula. HEX is committed to responsibly developing Alaska natural gas resources for Alaskans.

Press release provided by HEX LLC.

Ted Stevens Airport Hosts “Race the Planes 2026” This Sunday, Aug 23

The Ted Stevens Anchorage International Airport Police and Fire Department will host its annual 5K on Sunday, August 23, at 10 a.m. The event gives participants the opportunity to race alongside aircraft at ANC while supporting a meaningful cause. Proceeds support the American Cancer Society’s mission to ensure Alaskans have access to the resources they need while receiving cancer treatment.

The fundraiser will help Alaskan cancer patients in need by supporting the American Cancer Society-Alaska’s programs and services, like free flights, rides and lodging for Alaskans requiring cancer treatment far from home.

Price: Price: $40.00 Race Fee + $3.70 Sign Up Fee; Price increases to $45.00 after August 20, 2026, at 11:59pm AKDT

Sign up here: Race the Planes 5K.

Public Comment Open for Proposed Repeal of Roadless Rule Impeding Forest Management and Wildfire Prevention

2

On Tuesday, August 18, Secretary of Agriculture Brooke L. Rollins announced the U.S. Forest Service has filed a proposed rule to rescind in its entirety the national 2001 Roadless Area Conversation Rule, a one-size-fits-all restriction that has frustrated land managers and served as a barrier to wildfire risk reduction work across large swaths of America’s national forests.

“Our forests can’t afford another decade of inaction. Across the country, we’ve watched preventable conditions – overgrown stands, insect outbreaks and disease – turn healthy landscapes into tinderboxes,” said Secretary Rollins. “For too long, outdated restrictions have kept tens of millions of forested acres off-limits to the very treatments that improve forest health and reduce wildfire risk to our communities. Today, we filed a proposal to restore authority to local forest managers who know the land best, removing the barriers that have kept them from doing the work the land demands. It’s time to turn the page on the failed roadless rule and return our forests to health and productivity.”

For 25 years, the 2001 Roadless Rule restricted road construction and limited the Forest Service’s ability to carry out critical active management work within inventoried roadless areas. Today, that includes more than 44 million acres of the 193-million-acre National Forest System. The rescission is intended to prioritize local agency decision-making over regulatory rules that are the same across the country, regardless of specific land management issues and needs.

“This proposed rule is commonsense policy sought since the first Trump administration. In the years since, the need for it has only become more apparent,” said Deputy Secretary Stephen A. Vaden. “It is a credit to President Trump that we can begin to put into place a rule that will allow us to properly manage our national forests, because the first step to managing forests is to have access to them.”

The agency will seek public comment on the proposal and on a draft of the environmental impact statement filed today in the Federal Register. The rescission removes national designation of roadless areas but does not mandate timber cutting or road construction. The action removes regulatory burden and sends decisions about roadless areas to the local national forest managers.

“Active forest management is not an option. It’s essential,” said Forest Service Chief Tom Schultz. “More than 40% of inventoried roadless areas, primarily in the West, have high or very high wildfire hazard potential. And only 5% of those areas have received hazardous fuels reduction treatments since 2014. At the same time, more than a quarter of these lands—11.3 million acres—are already near existing roads. Acting now, thoughtfully and decisively, is the best way to restore the balance, reduce wildfire risk, and secure the long-term health of our forests and neighboring communities.”

The proposed rescission reflects the administration’s commitment to return authority to local line officers and ensure they have the tools needed to restore forest health and productivity. The rescission aligns with Executive Order 14192, Unleashing Prosperity Through Deregulation, to alleviate unnecessary regulatory burdens, Executive Order 14225, Immediate Expansion of American Timber Production, Executive Order 14154, Unleashing American Energy, and Executive Order 14153, Unleashing Alaska’s Extraordinary Resource Potential.

Returning roadless-area decisions to forest-level land management planning provides flexibility the national rule did not. Future land management decisions would be based on natural resource conditions and needs and informed by states, tribes, and communities. Rescinding the rule allows forest managers to address watershed, economic, and wildfire-risk conditions within the sideboards of existing laws, regulations, and policy. That would put those decisions within the same planning framework that guides individual plans throughout the National Forest System.

More than 95% of inventoried roadless areas are in 10 Western states: Alaska, Arizona, California, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. The proposed rule does not apply to national forests in Colorado and Idaho because those lands are under separate state-specific roadless regulations.

To comment on the proposed rule and draft environmental impact statement, go to Regulations.gov. Public comments must be received by midnight on Sept. 21. More information is available on the Forest Service Roadless Areas webpage.

Press release provided by the U.S. Department of Agriculture.

“Shameful Betrayal:” Sen. Sullivan Responds to Court Blocking King Cove Road

4

U.S. Senator Dan Sullivan (R-Alaska) released the following statement after a federal judge in Alaska issued a ruling that blocks a proposed land exchange to facilitate construction of a life-saving road between the isolated community of King Cove, Alaska, and nearby Cold Bay, which is home to an all-weather airport.

“Today’s ruling by an Alaska federal judge who regularly sides with Lower 48 environmental groups is another shameful betrayal of the people of King Cove and a demonstration that elections have real-world consequences for the safety and well-being of Alaskans,” said Sen. Sullivan. “National Democrats, doing the bidding of far-left Lower 48 radical environmental groups, have for decades relentlessly fought this commonsense land exchange through successive Democratic administrations and Democrat members of Congress, and by getting sympathetic far-left judges onto the federal bench who will prioritize the interests of birds over the well-being of Alaska Natives.

“I was recently in King Cove, where we held a community-wide town hall. The excitement of finally being able to start construction of this road brought tears to the eyes of many. Remember, Alaskans: At least 18 people from this heroic community have died over the years because of this decades-long impasse that continues to put human lives at risk in favor of birds. The heroic and resilient residents of King Cove have kept hope alive through numerous setbacks, but this latest ruling is truly shameful. I will continue to fight alongside them for as long as it takes to deliver a simple, single-lane, 11-mile, life-saving gravel road. The fight is once again renewed today.”

The ruling not only reflects a decades-long battle between people wanting access to emergency medical services and environmentalists valuing animal life over human life, but it also raises questions about whether the letter of the law matters more than real human lives. The Court based its decision on the failure of the land exchange to satisfy requirements in Title XI, the Endangered Species Act, and the Refuge Act. This ruling undid Secretary of the Interior Burgum’s decision that the land exchange furthered ANILCA’s purposes by striking a proper balance between environmental concerns and public safety needs.

Every person has an inalienable right to life, liberty, and the pursuit of happiness. The American government was designed to protect those fundamental rights. When we have laws on the books directing courts to block access to life-saving medical treatment for nearly a thousand Alaskans in favor of protecting birds and spiders, are those laws consistent with our government’s duty to defend the people’s inalienable rights?

Federal Court Blocks King Cove Road, Places Animal Concerns Above Alaskans’ Safety

In a decision that prioritizes procedural requirements and wildlife protections over the urgent safety needs of an isolated Alaska Native community, U.S. District Judge Sharon L. Gleason on August 17, 2026, vacated Interior Secretary Doug Burgum’s approval of a land exchange that would have allowed construction of a road connecting King Cove to the all-weather airport in Cold Bay.

The ruling in the consolidated cases Native Village of Hooper Bay et al. v. Burgum, Friends of Alaska National Wildlife Refuges et al. v. Burgum, and Defenders of Wildlife v. Burgum nullifies the October 21, 2025, Agreement for the Exchange of Lands. It leaves the roughly 900 residents of King Cove—predominantly Alaska Natives—without the reliable overland access they have sought for generations to reach emergency medical care, especially during the violent storms that frequently ground boats and planes in the region.

King Cove and Cold Bay sit about 18 miles apart near the western end of the Alaska Peninsula, separated by the narrow Izembek Isthmus. Both communities are reachable only by sea or air. Cold Bay has a major all-weather airport capable of handling medical evacuations year-round; King Cove does not. Residents and local leaders, including the King Cove Corporation (KCC), an Alaska Native Village Corporation, have long argued that the lack of a road has cost lives and endangered families during medical emergencies. Historical records show the isthmus was regularly traversed before and after statehood, with shelter cabins documented in the 1930s and extensive vehicle use in the mid-20th century. A network of existing ATV trails still crosses portions of the area.

The 2025 exchange, authorized solely under Section 1302(h) of the Alaska National Interest Lands Conservation Act (ANILCA), would have conveyed approximately 490 acres of federal land within the Izembek National Wildlife Refuge—including about 336 acres of designated wilderness—to KCC for an 18.9-mile single-lane gravel road corridor. In return, KCC would have transferred roughly 1,739 acres near Kinzarof Lagoon to the United States, relinquished selection rights to about 5,430 additional acres inside the Refuge, and received a $48,050 cash payment to equalize values. Approximately 15.6 miles of the proposed corridor lay within the Refuge; 5.1 miles of that would have followed existing roads and trails. The agreement included detailed design criteria, construction standards, and mitigation measures but imposed no restrictions limiting the road to noncommercial traffic.

Secretary Burgum’s 56-page decision found that the exchange furthered ANILCA’s purposes by striking a proper balance between protecting scenic, natural, cultural, and environmental values; providing opportunities for continued subsistence; and addressing the long-term social and physical well-being of Alaska and its people—particularly the public health, safety, and economic needs of King Cove residents. The Secretary explicitly departed from prior administrations that had downplayed the economic and social needs of Alaskans as a relevant purpose under Section 1302(h). He noted that Indigenous peoples had used the lands for centuries and that local tribes and residents were not consulted when the Refuge and its wilderness designation were created.

Environmental plaintiffs—Native Village of Hooper Bay, Native Village of Paimiut, Chevak Native Village, Center for Biological Diversity, Friends of Alaska National Wildlife Refuges, Alaska Wilderness League, National Wildlife Refuge Association, Sierra Club, Wilderness Watch, and Defenders of Wildlife—challenged the exchange under the Administrative Procedure Act. They argued it violated ANILCA, the Endangered Species Act, the National Wildlife Refuge System Administration Act (Refuge Act), the Wilderness Act, and the National Environmental Policy Act. The State of Alaska intervened in support of the exchange. All parties filed cross-motions for summary judgment.

Judge Gleason’s 89-page Decision and Order delivered a mixed but ultimately devastating result for King Cove. On the core question of statutory authority, the court sided with the Secretary and defendants. It held that Section 101(d) of ANILCA does identify the economic and social needs of the State of Alaska and its people as a statutory purpose that the Secretary may consider when authorizing land exchanges under Section 1302(h). The court found the Secretary did not commit a clear error of judgment in concluding the exchange furthered ANILCA’s purposes, including those human needs. Claims under NEPA, ANILCA Section 810 (subsistence), and an APA “change of policy” theory also failed.

The court nevertheless vacated the entire decision for three independent reasons:

First, Title XI of ANILCA applied and was not followed. Title XI establishes a comprehensive process for authorizing transportation and utility systems in and across conservation system units in Alaska. Because the explicit purpose of the land exchange was to enable construction of a road, the court held that Title XI’s procedures governed. The Secretary did not comply with those requirements. Under the statute, any authorization that fails to meet Title XI “shall have no force or effect.” The court rejected arguments that Section 1302(h)’s “notwithstanding any other provision of law” language or the fact that the land would leave federal ownership after the exchange exempted the deal from Title XI. It concluded that allowing the Secretary to convey a road corridor through an exchange without following Title XI would create a loophole that undermines Congress’s carefully designed process for such projects.

Second, the exchange violated the Endangered Species Act. The U.S. Fish and Wildlife Service’s biological opinion on impacts to the threatened Alaska-breeding population of Steller’s eiders contained fundamental mathematical errors that understated effects, failed to properly issue an incidental take statement, and relied on flawed assessments of disturbance from increased hunting and boat traffic that a road would enable.

Third, the Secretary failed to comply with the Refuge Act. That statute requires the Secretary to determine that federal lands are “suitable for disposition” before exchanging them out of the National Wildlife Refuge System. The Secretary expressly declined to make that determination, treating the ANILCA analysis as sufficient. The court held the two inquiries are distinct and that the Refuge Act obligation applied.

Because of these defects—particularly Title XI’s automatic nullification language—the court found vacatur to be the appropriate and required remedy under the APA. It rejected arguments that the hardship to King Cove residents or the potential for delayed construction justified leaving an unlawful exchange in place. “Those circumstances cannot justify keeping in place an unlawful land exchange that would allow road construction to proceed,” the court wrote, while acknowledging “the serious concerns of the residents of King Cove that have sought for decades to have a road to Cold Bay constructed.”

The practical effect is immediate and clear: the land exchange is void. The federal lands remain in the Refuge and Wilderness. The patent and warranty deed that had been issued lose legal force. Construction of the road cannot proceed on the basis of this agreement. Any future effort would require compliance with Title XI’s full process, a corrected ESA consultation, and a proper Refuge Act suitability determination.

For the people of King Cove, the ruling continues a long pattern in which their basic need for safe, reliable access to emergency medical care has been subordinated to concerns about waterfowl, eelgrass beds, and spiders. While the court recognized that ANILCA itself balances human needs against conservation, its application of Title XI and other statutes has once again blocked the only practical solution the community has been offered. Residents who have watched family members suffer or die because weather grounded medevac flights now face more years of uncertainty. The decision underscores a persistent reality in Alaska land management: technical environmental statutes and judicial interpretations can, and often do, override the concrete human safety priorities of rural Native communities.