A state judge has declined to dismiss a court case alleging that state regulators violated the Alaska Constitution when they issued exploration and land-use permits to companies drilling at the Pebble copper and gold prospect in Southwest Alaska.
Lawyers for the Alaska Department of Natural Resources recently argued that all six claims in the civil lawsuit, filed by Pebble opponents, should be dismissed on summary judgment.
Superior Court Judge Eric Aarseth on Friday dismissed one of the claims in the lawsuit but allowed the others to proceed to trial. He also ruled that the trial will address only the permits at Pebble rather than the validity of the state's permitting system for mineral exploration, in general.
The two main allegations in the case are that regulators didn't determine whether exploration at Pebble was in the public interest and granted the permits without giving the public a chance to weigh in. The Pebble project is controversial due to its massive size and its location, straddling the headwaters of two of the five rivers that support Bristol Bay's world-class salmon runs.
The permits approved by the state agency in recent years have allowed the mining companies involved in Pebble exploration and studies to drill hundreds of holes in the ground and consume million of gallons of water per year from nearby streams and ponds.
The non-jury trial was originally set to begin in September but it is now scheduled for Dec. 6.
Other than the one dismissed Friday, Aarseth has made no rulings on the allegations in the case yet. But in his new 20-page order, he said the lawsuit should go to trial because the plaintiffs had shown that "material issues of fact exist" regarding their allegations against the Alaska Department of Natural Resources.
Aarseth said it will require an "examination of the underlying activities" involving Pebble to determine whether the agency violated the constitution.
The plaintiffs in the case include Nunamta Aulukestai, a Dillingham-based coalition of nine Native village corporations, several Bristol Bay residents and Vic Fischer, a delegate to the Alaska Constitutional Convention in the 1950s.
Anchorage Daily News
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