Hot Takes in A Cold Place: You Can Stop Pebble Mine

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[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_button _id=”4″ ][cs_content_seo]TAKE ACTION TO STOP PEBBLE MINE\n\n[/cs_content_seo][cs_element_gap _id=”5″ ][cs_element_text _id=”6″ ][cs_content_seo]“Life is short, art long, opportunity fleeting, experience treacherous, judgment difficult” – Hippocrates
That nifty aphorism could apply to the fight against the Pebble Mine aside from the difficulty of judgment part. It is a long fight, seemingly a generational fight, but the one thing we know is that a majority of Alaskans have judged this project to be the wrong mine in the wrong place. Over 2 million comments have been sent to the Environmental Protection Agency (EPA) opposing the mine. As for opportunity – now is the time is now to stop this mine in its tracks. 
EPA took an important step on May 26 by opening public comment on a Proposed Determination: “to prohibit and restrict the use of certain waters in the South Fork Koktuli River, North Fork Koktuli River, and Upper Talarik Creek watersheds as disposal sites for the discharge of dredged or fill material associated with mining the Pebble deposit, a copper-, gold-, and molybdenum-bearing ore body located in Southwest Alaska.” In its draft determination, the EPA proposes prohibiting the construction and operation of Pebble’s 2020 mine plan and restricting any future mining of the Pebble deposit to a size less than Pebble’s 2020 mine plan.  
We know that the relatively modest but still unacceptable mine plan put forward by Pebble in 2020 is just the camel’s nose under the tent. The actual plans are to initiate massive industrialization of the Bristol Bay Watershed with roads, mines, power plants, pipelines, processing facilities, mine waste sites, oil drums, barges, trucks, dust, noise, halogen light, diesel exhaust, garbage dumps, mining towns, saloons, brothels, gambling, etc. Boxing in the Pebble project to a relatively “small” footprint means that the mine will not be developed. Due to the amount of earth that must be displaced and moved and dumped elsewhere and the infrastructure and power development needs for Pebble, only a gigantic mine would turn a profit. Small mine most likely means no mine.
Public comments are due on July 5. The proposed determination stage is when the public gets the opportunity to comment. After considering public comment, the EPA then prepares a recommended determination. After that, EPA makes a final determination. So, this is an important step in the process because it’s the one opportunity for public comment, but EPA still has a couple more steps to go after this. We’re hopeful that EPA will move forward to quickly get to a final determination and stop Pebble Mine for good! 
Raise your voice today in support of Bristol Bay, her salmon, and the cultures and livelihoods that depend upon them. This precious resource is breathtaking in its abundance, but it is under siege. In all of its ecological intricacy, the Bristol Bay watershed is protecting the viability and diversity of Bristol Bay salmon in the face of climate change, ocean acidification, and other threats. We must stand together to protect the watershed. Please submit a comment to the EPA supporting the protection of the watershed from the Pebble Mine.
Together we can do this!
Thank you for your voice,The Alaska Center Team\n\n[/cs_content_seo][cs_element_gap _id=”7″ ][cs_element_button _id=”8″ ][cs_content_seo]STOP PEBBLE MINE PREMANENTLY\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]

A Problem of PFAS

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[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_text _id=”4″ ][cs_content_seo]Like much of the nation, and the world, Alaska faces the problem of Perfluoroalkyl and Polyfluoroalkyl Substances, commonly known as PFAS.
PFAS are used to make products stain, grease, and water-resistant; including food packaging, carpet, upholstery, outdoor apparel, and cookware, for stick resistance. They are used in firefighting foam, industrial processes, and specialty products like ski wax. PFAS can easily transfer from their origin, resulting in contamination of our food, air, and water.
Water supplies adjacent to military bases and airports are often contaminated with PFAS from firefighting foams for Class B petroleum and chemical fires. In Alaska, the dispersive use of AFFF (aqueous film-forming foam) containing PFAS on military bases and airports has contaminated the drinking water of many Alaskans. At least 10 communities throughout Alaska have levels of PFAS in their drinking water that are deemed unsafe by the EPA. The use of PFAS also harms the health of firefighters, studies show that firefighters have a higher burden of cancers and other diseases associated with toxic exposures. There are safe alternatives that are effective, without the harmful impacts to the health of firefighters and communities.
State and Federal governments are increasingly asked to come up with a plan to deal with this hidden pollutant. Exposure to PFAS has been associated with adverse health outcomes: including cancers (such as kidney and testicular cancers), liver damage, increased risk of thyroid disease, harm to the immune system, decreased antibody response to vaccines, increased risk of asthma, decreased fertility, decreased birth weight, pregnancy-induced hypertension/pre-eclampsia, and increased cholesterol. Congress recently allocated $10 billion to start working on the problem nationwide and you can be sure this is just the tip of the iceberg as far as tax dollars are concerned. (In a just and reasonable world, those manufacturing companies that made money selling products containing PFAS would pay to clean it up.)
Bills dealing with PFAS in Alaska are working their way through the Legislature this year. Senator Jesse Kiehl’s SB 121 will be heard in the Senate Finance committee on Tuesday, April 12 at 9:00 a.m. According to the sponsor statement, Senate Bill 121 sets health-protective limits on the amount of PFAS in drinking water. The bill guarantees Alaskans in areas with known PFAS contamination will get clean drinking water and their blood levels checked. To prevent future pollution, SB 121 bans PFAS foams when the Federal Aviation Administration stops forcing airports to use them (unless some other federal law preempts).
PFAS, now incredibly prevalent, are called “forever chemicals” because they persist for thousands of years, and do not break down in the human body. Dealing with them will be a long process, but not a forever process. It will require curtailing and eliminating PFAS production and the sale of products in which they are used. It will require science and government working in tandem, community action, and educated consumers. We can do it. SB 121 is a great start.
 Plan to testify in support of SB 121 on Tuesday.
The Alaska Center\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][cs_element_section _id=”5″ ][cs_element_layout_row _id=”6″ ][cs_element_layout_column _id=”7″ ][cs_element_button _id=”8″ ][cs_content_seo]Bills to Watch This Week\n\n[/cs_content_seo][/cs_element_layout_column][cs_element_layout_column _id=”9″ ][cs_element_button _id=”10″ ][cs_content_seo]More Bills This Session\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]

Fair Maps and Power Grabs

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New legislative district boundaries are drawn every ten years based on the most recent census data. In 2021 the Alaska Redistricting Board adopted a final redistricting plan for Alaska, which delineates the districts legislators will represent. The politics of redistricting are rife with power grabs, and the maps are almost always litigated.

The balance of power in the Legislature is closely divided between Republicans and the Tri-Partisan coalition of Democrats, Republicans, and Independents. The Redistricting Board is composed of a majority of Republicans, and the outcome was a map that was challenged in court on numerous fronts. The central point was that the state Senate district pairing part of east Anchorage and Eagle River constituted an “unconstitutional political gerrymander.” The court agreed and gave the Redistricting Board until April 15 to revise its maps.

Each Senate District contains two House districts. In the case of the Eagle River/East Anchorage gerrymander, the Redistricting Board adopted a Senate District that, instead of combining the two staunchly conservative Eagle River House districts, merged one of the conservative Eagle River districts with a more moderate Muldoon district. Notably, that district in question has a much greater BIPOC population than Eagle River. Should the courts have left the Senate district in place, the effect would have been a district that watered down the voting impact of Muldoon residents. There was intense disagreement from Melanie Bahnke and Nicole Borromeo, the only two redistricting board members not appointed by staunch Republicans–and the only two Alaska Native women on the Board. Ms. Bahnke and Borromeo stood up to the rest of the Board when this plan was adopted on a majority line vote, and their fight for fair representation ultimately prevailed.

The Alaska Redistricting Board has been required by the courts to revise their maps so that Alaskan voices are more equitably represented. The Redistricting Board will take public testimony tomorrow (Saturday, April 2) at 2:00 p.m. To participate in:
Anchorage, call 907-563-9085
Juneau: 907-586-9085
Other: 844-586-9085.

This Saturday is a critical opportunity to submit comments to the Redistricting Board. If you cannot be at Saturday’s meeting, you can also submit written comments in advance at https://www.akredistrict.org/map-comment/

The main talking points are:

The Board should act immediately to comply with the court’s requirements and minimize confusion if this process is dragged out. It is in the public interest to swiftly adopt a map with final senate pairings so that voters can familiarize themselves with their new districts, precincts, and voting locations, on top of a new election system (RCV) and an unprecedented special election. The redistricting Board has an obligation to the public to resolve this quickly to avoid voter confusion and disenfranchisement.

In Anchorage, the Board should adopt the Senate pairings proposed by Redistricting Board member Melanie Bahnke instead of coming up with new pairings. These pairings, proposed by Melanie Bahnke, have been presented and considered on the record and were informed by public input and testimony. These pairings do not change districts’ underlying deviation and uphold the one person, one vote principle. In addition, they are the common-sense geographic and socioeconomic pairings (keeping Muldoon w/ Muldoon, West Anc. w/ West Anc, Eagle River w/ Eagle River, etc.).

Plan to participate and help secure Alaska’s more just and equitable redistricting map.

Thank you!
The Alaska Center

A DEC Budget Trap

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[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_text _id=”4″ ][cs_content_seo]So far, only three states in the United States have assumed primacy for dredge and fill permitting in wetlands. One of those states – Florida – assumed permit primacy in the waning days of the Trump administration. Like Governor Sean Parnell before him, Governor Dunleavy wants Alaska to pay for wetland permitting that is now being paid for by the federal government. The rationale for this proposed forever budget increase paid for by our schools and universities and roads in lean years is that there is an expectation that there will be a return on investment. Through far more relaxed permitting requirements, zero Tribal consultation, and minimal enforcement, Alaska will see a massive influx of Mines.
Governor Dunleavy convinced the state House Finance Committee to add $5 million to the operating budget so that the Alaska Department of Environmental Conservation could hire 32 full-time staff. This means 32 new full-time salaries, benefits, travel budgets, etc., to create a state wetland dredge and fill program that is equivalent to the program already paid for by the federal EPA. Perhaps the Dunleavy administration is going to pay these new workers peanuts. $5 million is a far cry from the cost estimate in 2013 when Governor Parnell foisted primacy on the Legislature. At that time – EPA had 49 positions administering its permitting program at a cost of $7.9 million in 2013 dollars. You don’t have to read a crystal ball to see how this will play out for Alaska should the Senate adopt the House numbers and we start a wetland permitting program. You can bet that if the Legislature agrees to this initial $5 million allocation, we should more realistically expect to pay at least a 10 million dollar figure, subject to inflation, moving forward in countless budget years.
It will require more money than was described initially by a less than trustable Dunleavy Administration and the former Pebble spokesperson running DEC now – you can bank on that as a fact. It will lead to costly litigation for the state – bank on that. It will be a messy and costly tug of war between the state and federal government–look at what happened in Florida.
In Florida, with a Governor who is predictably combative with the federal government, there is significant disagreement on the scope of what are to be considered wetlands. Florida continues to apply the Trump EPA version, a predictably and significantly restrictive definition. This definition (Waters Of The United States – WOTUS) was invalidated by a district court opinion, and the Biden EPA is applying a pre-2015 version of WOTUS to which Florida disagrees. Alaska has 65% of the nation’s wetlands and a Governor who loves nothing more than to spend state money fighting the Feds, so the Legislature should anticipate this allocation to DEC will also kick off endless increases in “Statehood Defense” spending. 
The return on investment for paying to take over wetland permitting is likely to be this: 1. Good grandstanding politics for Governors. 2. Mine development plans that factor in lax state permitting and no Tribal consultation, so Mines are freer to destroy salmon habitat, and 3. Jobs–mainly for State attorneys paid out of the General Fund to fight with the EPA. That sounds like a great deal!
The State Senate should say No to this allocation of our money.
Sincerely,
The Alaska Center\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][cs_element_section _id=”5″ ][cs_element_layout_row _id=”6″ ][cs_element_layout_column _id=”7″ ][cs_element_button _id=”8″ ][cs_content_seo]Bills to Watch This Week\n\n[/cs_content_seo][/cs_element_layout_column][cs_element_layout_column _id=”9″ ][cs_element_button _id=”10″ ][cs_content_seo]More Bills This Session\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]

The Expel Eastman Edition

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[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_text _id=”4″ ][cs_content_seo]At The Alaska Center, we believe a true Democracy is one in which everyone feels safe, respected, and able to participate in public discourse. We entrust our elected leaders to uphold these values, and be accountable to the principles of truth, justice, and equality. They should follow the Alaska Constitution, the fundamental governing document of the State of Alaska.
Oath Keeper Representative David Eastman has clearly violated these principles and duties of his office, and should be expelled from the State House. His organization, The Oath Keepers, took part in the seditious and deadly activities of January 6th, 2021 – a date none of us should ever forget as it is a milestone of domestic terrorism and an assault on our Democracy. Allowing a member of an organization involved in sedition to serve in the Legislature normalizes the member’s activities and that must not occur.
Article XII Section 4 of Alaska’s Constitution is clear:
No person who advocates, or who aids or belongs to any party or organization or association which advocates, the overthrow by force or violence of the government of the United States or of the State shall be qualified to hold any public office of trust or profit under this Constitution.”

The plain reading of our Constitution applies directly to Eastman: he has admitted to being a life member of an organization that sought to overthrow our democracy on January 6th. He was at the rally that led to the deadly violence in our nation’s capital. Allowing him to remain in the Legislature sends a message that violent and racist insurrections are “legitimate political discourse.”
In November of 2021 a large group of fellow West Point Alumni penned a letter to Eastman telling him to resign. Their message was clear:
“You were present in Washington, D.C. on January 6, protesting this fair and free election. You falsely blamed the day’s violence on “Antifa,” but it is clear the criminal acts were carried out by right-wing insurrectionists… What moved us to public comment was the revelation that you are a life member of one such insurrectionist group: the Oath Keepers, one of the largest far right anti-government groups in the United States. More than a dozen Oath Keepers have been charged with crimes for their role on January 6… You have stated that you “will always consider it a privilege” to belong to Oath Keepers. Membership in the Oath Keepers, or any other organization—left or right—calling for violence against our Constitutional system of government, is wildly at odds with the bedrock values of West Point, as well as with the legal oath you swore when you became a member of the Alaska Legislature.”

The message of the Alaska State House of Representatives should also be clear: Eastman is unfit by his actions, and by our state’s Constitution to continue to bear the honor and responsibility of Representative. The defense of Eastman by members of the House minority so far has been disturbing, especially after so many other racist and reprehensible offenses by him that led to his earlier censure. But if the House does not take action in this moment to denounce Eastman, they are being complicit in undermining our Democracy.  There will be a hearing on the Oath Keepers today in the House Military and Veterans Affairs Committee today at 1:00 p.m (tune in below). 

While a hearing is fine, we already know that The Oath Keeper organization is unambiguously dangerous to our American Democracy.  Oath Keeper David Eastman, who advocates for the violent overthrow of Democracy, is not fit to be a representative in this Democracy and must be expelled. Contact your legislator today and tell them that in Alaska our values include protecting Democracy.

The Alaska Center

\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][cs_element_section _id=”5″ ][cs_element_layout_row _id=”6″ ][cs_element_layout_column _id=”7″ ][cs_element_button _id=”8″ ][cs_content_seo]Tune In To The Hearing Here\n\n[/cs_content_seo][/cs_element_layout_column][cs_element_layout_column _id=”9″ ][cs_element_button _id=”10″ ][cs_content_seo]Contact Your State Legislator\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]

State of State Predictions

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The Governor’s State of The State Address is next week (7 p.m. on Tuesday, January 25). It is sure to contain grievances about the Federal Government, excitement about mineral resource development projects in Alaska, and a dash of “Election Integrity” talk. It will maybe/probably contain a few lines about renewable energy, fisheries, Alaska’s strategic economic and military location, and “greatest resource is the people of AK” platitudes, etc., to put a bow on it.

It is becoming clear through various releases of information that the Governor is actively lying about his role in the firing of the Permanent Fund E.D. and that the firing was political retribution as Ms. Rodell did not grant the Governor’s cherished overdraw of the Permanent Fund earnings reserve money – we expect that this will not be a part of the State of the State, and hey, it might cause the Gov. to not throw jabs during the speech at the Legislature on the issue of the big PFD never being approved by lawmakers.

With the new Ranked Choice Voting law in place, the Governor is free to pick a suitable running mate and facing at least two known challenges from the far-right flank in his bid for Re-election. Dunleavy made the choice to dump Lt. Governor Kevin Meyer from the ticket despite his faithful dealings with this evolving fiasco of an administration. There is a slight, outside, chance that the Governor will say some nice things about the Lt. Governor, but we would not hold our breath. After all, the Lt. Gov has defended the 2020 election in Alaska, which the far-right know with great certainty was “stolen.”

State Medical officer Dr. Anne Zink, also ever faithful in her dealings with the Dunleavy Administration, is under attack by supporters of Dunleavy and his challenger, political nobody Rep. Chris Kurka who has the firing of Dr. Zink as part of his campaign platform. If the Governor wanted to appear that he has a backbone, he would go strong in defense of Dr. Zink in his speech. To date, his defense has been very muted and wimpy as her credibility is attacked and she is personally threatened.

While he is defending Alaskans from attack by other Alaskans (seemingly something a Governor should do), he might include in his speech an apology to the former Assistant Attorney General, Elizabeth Bakalar. She was targeted with toxic animus and threats of all varieties from far-right Dunleavy supporters after she took legal action against her illegal firing by Dunleavy. Bakalar won on most grounds in federal court this past week. The state will be on the hook for damages. The action by the administration was wrong and will cost the state. Now that the case is settled, it is time to clear the air and address the cost to the state and (former) state workers like Bakalar in the State of the State.

Federal spending on Infrastructure will cushion the reality of our state’s structural budget deficit. Federal COVID relief has and will continue to protect vulnerable Alaskans and help prop up the economy. We hope the Governor does not adopt a posture of holding his hand out while flipping the bird to the Feds with his other hand. However, this is likely, since this particular brand of complaint has been refined and reworked in speeches since statehood and before.

We anticipate that there will be few surprises and many missed opportunities in Tuesday night’s address. We remain open to the possibility of shock, reflection, reconciliation, and rejuvenation. Wouldn’t that be something?

Yours,
The Alaska Center Team

A Look to What is Looming: Legislative Update

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The second round of pre-filed bills was released today at approximately 9:32 a.m. There are not many bills compared to historical releases (in 2012, there were 27-second session, second release pre-filed bills – in 2022 there are a mere 13.) A sage observer noted that this might reflect the sense that not a lot of bills are going to move forward in the current legislative environment. It is an election year, after all, and absent a budget stalemate; our weary legislators will be eager to get out of Juneau and get on with their lives (and election campaigns if they want to remain in office).

A light schedule is taking shape for the first week of the session – though there are some points of interest to be sure. For one thing, the Legislative Budget and Audit Committee will be meeting on Martin Luther King Jr. Day to hold a hearing on the firing of the Permanent Fund Director by the Dunleavy-aligned PF Board of Trustees. Questions on rationale are outstanding, and the judgment of the Trustees and the Governor in removing an ED who oversaw the greatest increase in fund value since the inception of the fund needs to be seriously examined.

There are ominous rumblings that in addition to raiding the fund to pay out gigantic permanent fund dividends, the Dunleavy Administration wants to turn the fund itself into an in-state investment bank – an AIDEA* on steroids and growth hormones – pumped like the incredible hulk or a vengeful Nordic god to unleash a wrath of destruction and boondoggle projects across the state.
Oversight is good. Conservative theatrics around election integrity, not so much. However, theatrics are on the plate for the first week of session in Senator Mike Shower’s committee, where they will hear from an array of republican affiliated think tanks, likely teeing up another “Republicans must win every election forever or else the election was illegitimate” bill from Governor Dunleavy.
With so much BS in the world, the word “resilient” strikes a special note. It is about taking the long view, it is about bending, not breaking, caring for our communities in crisis now, and it is about HB 227 from the unflappable Rep. Calvin Schrage. HB 227 seeks to include climate resiliency improvements as eligible for financing under the new Commercial Property Assessed Clean Energy (CPACE) program. CPACE allows commercial property owners to finance clean energy and energy efficiency projects and repay the improvement loan on their property tax bills. It is an innovative program that must be adopted by ordinance in a local government, and so far, Anchorage is the first town to adopt CPACE. However, Juneau and the Mat-Su are also considering adoption.

Climate resilience is an essential consideration as we have seen a raft of disaster declarations this past month from communities impacted by winter storms. Considering what science tells us about our warming planet and its unpredictable weather, our buildings are going to need stronger roofs, fireproofing, better air conditioning, backup renewable energy, battery storage, floodwater management systems, and the list goes on. HB 227 would allow such projects to be financed under the CPACE mechanism. It is a good bill, and it will be heard in the House Energy Committee on Thursday at 10:15 a.m. The future is looking interesting this session. We hear that, as of now, the capitol is open to visitors. We will keep an eye on things and will report back every Friday.

Yours,
The Alaska Center
*AIDEA = Alaska Industrial Development and Export Authority