Connect with us

Alaska

Pebble mine developer sues EPA over Alaska mine veto

Published

on

Pebble mine developer sues EPA over Alaska mine veto


Northern Dynasty said the determination made under the Clean Water Act was arbitrary and capricious in violation of federal administrative law, because it failed to adequately consider the economic impact of the decision and used a “wild overestimate” of what protected waterways would be impacted by mining activity.

Northern Dynasty claims it has spent at least $1 billion over two decades in its efforts to develop the project, which was effectively killed by the decision, including $200 million on environmental studies.

“This is just another example of gross EPA overreach of the powers granted to it by Congress,” said Ron Thiessen, Northern Dynasty’s president and CEO, in a statement.

The EPA didn’t immediately respond to a request for comment on Monday.

Advertisement

The Bristol Bay watershed in southwestern Alaska supports the world’s largest sockeye salmon fishery and is known for its large mineral resources. The watershed also provides habitats for 29 species of fish, more than 190 birds and dozens of mammals, according to the EPA.

The proposed mine, which has languished in a lengthy approval and permitting process for decades but has not started construction, would tap one of the world’s largest copper and gold deposits.

The EPA claims it would permanently destroy over 2,000 acres of wetlands protected by the Clean Water Act.

The developer also filed a lawsuit against the U.S. government on Thursday alleging the veto amounted to an unconstitutional taking of its property in violation of the U.S. Constitution’s 5th Amendment, which says that private property can’t be taken for public use without compensation, in the U.S. Court of Federal Claims in Washington, D.C.

The state of Alaska also sued the U.S. government in that court last week seeking $700 billion over the decision, arguing the EPA’s veto infringed on the state’s sovereignty and would deprive it of funds from taxes, licensing fees and royalties it would have received from the mine.

Advertisement

The state had already challenged the EPA’s decision last year directly with the Supreme Court, arguing it violated the state’s sovereign right to regulate its land and waters, as well as a 1976 land swap with the U.S. government that gave the state ownership over the area in question.

The Supreme Court declined to take that case in January, but did not say why.

The developer’s new lawsuit in Alaska makes similar claims, arguing the Clean Water Act does not give the EPA authority to override the state’s preferences for using the lands for extracting valuable minerals.

The EPA had previously argued in a brief submitted to the Supreme Court that Alaska’s statehood and the land swap do not preclude the agency from evaluating projects to ensure they comply with environmental law.

The case is Northern Dynasty Minerals Ltd v. U.S. Environmental Protection Agency, U.S. District Court for the District of Alaska, No. 3:24-cv-00059.

Advertisement

For Northern Dynasty Minerals: Keith Bradley and Jeffrey Walker of Squire Patton Boggs

For the EPA: Not yet available

(Reporting by Clark Mindock)





Source link

Advertisement

Alaska

‘No perfect tax regime’: Alaska lawmakers list concerns over Dunleavy’s sales tax proposal

Published

on

‘No perfect tax regime’: Alaska lawmakers list concerns over Dunleavy’s sales tax proposal


The Alaska State Capitol in Juneau on January 23, 2026. (Marc Lester / ADN)

Gov. Mike Dunleavy’s proposed sales tax could clash with existing revenue measures in cities and boroughs across the state, lawmakers said during a House Finance Committee hearing on Thursday.

It was just one of a series of concerns raised on both sides of the political aisle during the first hearing on Dunleavy’s fiscal plan for balancing the state’s budgets in the long run.

The sales tax, which is the primary means by which Dunleavy is proposing to increase state revenue, would levy a 4% tax on purchases between April and September and 2% for the remainder of the year.

Dunleavy’s fiscal plan comes in the final months of his eight years as governor, after several years in which he proposed balancing the state’s budget with hundreds of millions in annual draws from state savings.

Advertisement

Several lawmakers pointed out that even though Dunleavy projected his sales tax would raise up to $800 million annually, his plan could still leave Alaska with annual budget deficits in the long run because of his proposal to insert the Permanent Fund dividend into the state constitution and guarantee an annual payout that could cost the state more than $2 billion annually.

Dunleavy’s plan was explained to lawmakers by Acting Revenue Commissioner Janelle Earls, Acting Tax Division Director Brandon Spanos, and revenue department Chief Economist Dan Stickel. Neither the revenue department nor the tax division have had permanent heads for months.

“There is no perfect tax,” Dunleavy’s revenue officials said repeatedly as they fielded questions from lawmakers. It was their answer when asked about the difference in impacts between a sales tax and an income tax; when asked about the impacts of the state tax on communities with existing local sales taxes; and the impacts on rural villages.

“There is no perfect tax regime. We wish we weren’t here talking about this either, but that’s the situation,” said Spanos.

Nils Andreassen, executive director of the Alaska Municipal League, spoke to lawmakers about the potential conflicts between Dunleavy’s proposal and existing local taxes.

Advertisement

“We should probably unpack ‘perfect,’” Andreassen said. “I think what we mean when we say there’s no perfect tax is that at some point somebody pays the tax.”

“There’s no tax that doesn’t impact somebody,” he said. “Are there ways to mitigate some of those impacts? Yes.”

Impacts on communities with local sales taxes

More than 70% of Alaska residents live in parts of the state that lack a sales tax, including in Anchorage, which funds local services primarily through property taxes. But the number of jurisdictions in Alaska with some form of a sales tax exceeds 100.

In parts of the Kenai Peninsula Borough, for example, the combined borough and city tax is 6%. In Ketchikan, the combined borough and city tax reaches 8% in the summer. The City of Kodiak levies a 7% sales tax.

Many of those communities have implemented exemptions for their local taxes in an effort to curb their burden, including carve-outs for senior citizens and caps on the total tax that must be paid from single transactions.

Advertisement

Dunleavy’s proposal would eliminate communities’ ability to implement unique exemptions by transitioning that authority to the state.

The elimination of local exemptions has the effect of going against voter decisions, said Andreassen. In Juneau, residents only recently approved a provision that eliminates sales tax applicability on food.

“Voters contribute to local decision-making when it comes to those exemptions, and the state is saying right now in this proposal, ‘All of what voters asked for in those communities will go away based on our new list of exemptions,’” Andreassen said.

The exemptions proposed by Dunleavy cover medical services, purchases made with food stamps and similar assistance programs, interstate commerce, internet access, sales to the state or the federal government, state licenses or permits, investments, jet fuel, insurance premiums, home sales and rent, among others.

But the tax would apply to most goods purchased by individual Alaskans, such as groceries, fuel and cars.

Advertisement

Under the governor’s proposal, the effective tax rate in 36 Alaska communities would be at least 9%, rising to 13% in some places — which would be among the highest in the nation, said Andreassen.

Rep. Andy Josephson, an Anchorage Democrat who co-chairs the Finance Committee, said that “​​at some point, the tax rate gets so large that it acts as a deterrent for local economies.”

Rep. Andy Josephson, D-Anchorage, listens to discussion on the House floor during the first day of the legislative special session in Juneau on Aug. 2, 2025. (Marc Lester / ADN)

During the hearing, Department of Revenue officials did not provide data or modeling on the impacts of a statewide sales tax on communities that already levy local sales taxes.

Spanos said the sales tax is “the regime that the governor believes is the best for the state.”

“Certainly we have concerns and the governor would like to not have a tax as well, but that’s not the situation we’re in. We have a fiscal crisis that needs to be resolved, and the governor feels this is the best solution for this time,” said Spanos.

Department of Revenue officials said lawmakers could propose new exemptions to the tax if they saw fit, but Josephson said Dunleavy had not given him indications that he was open to changes to his bill.

Advertisement

“You made it sound like we were welcome to engage in those sorts of adjustments. But I just haven’t experienced that,” he told Earls. “What I’ve experienced is, ‘I’ve got to vote for this bill the way it is,’ and I just don’t know how much allowance the Legislature has to go at it alone and make changes.”

Earls said the plan was “open to some conversation.”

“I can’t speak to exactly what the governor would accept, but I think it’s a conversation to be had,” she said.

Impacts on rural Alaska

Rep. Nellie Jimmie, a Democrat from Toksook Bay, said the proposal would place an undue burden on communities in her district, which includes many Western Alaska villages.

If the tax were in place, Jimmie said, residents who lost their homes and most of their worldly belongings in villages ravaged by storms last year would face the burden of many purchases that would not be exempted from the sales tax, like snowmachines. Costs associated with rebuilding the houses would be exempted, but not the costs of filling a new home with belongings.

Advertisement

That comes on top of highest-in-the-nation prices for food and fuel.

“How is a statewide sales tax meant to be equal when rural Alaskans face much higher costs for the same basic necessities, especially after a disaster?” Jimmie asked.

Earls said she’s “heard that concern from others.”

Rep. Nellie Unangiq Jimmie, D-Toksook Bay, speaks with Rep. Mike Prax, R-North Pole, on the House floor on Jan. 20, 2026. (Marc Lester / ADN)

“I’m not exactly sure how to answer every single individual Alaskan,” Earls said.

The Department of Revenue did not provide any specific modeling on the impacts of the tax on rural Alaska communities, where commodity prices are higher.

“It sounds like a sales tax is equal,” said Rep. Neal Foster, a Democrat from Nome who co-chairs the Finance Committee, “but when you have the cost of milk and cost of fuel and cost of groceries and everything higher up in rural Alaska, that same gallon of milk is really being taxed more.”

Advertisement

“It is not OK,” Jimmie concluded.

Sales tax vs. income tax

Alaska is the only state in the country without a broad-based tax, having eliminated its income tax four decades ago amid a flood of new oil revenue. Andreassen said that the Municipal League supports adoption of a broad-based tax, but favors an income tax over a sales tax.

Rep. Alyse Galvin, an Anchorage independent, said Dunleavy’s proposed sales tax, when compared with an income tax, would have a disproportionate impact on households with limited means. That assertion was supported by data collected by researchers at the University of Alaska Anchorage, who were paid by Dunleavy’s office to review various fiscal plan alternatives.

Asked whether the governor had considered an income tax, Earls said that the sales tax was preferred because it would collect revenue from non-residents and tourists spending money in Alaska.

Galvin argued that an income tax would better capture funds from non-resident workers, who according to recent data make up more than a fifth of the state’s workforce.

Advertisement

“A lot of Alaskans think that it’s not right that people come up here to work and take the very best, highest-paying jobs, and yet they don’t put in to Alaska,” said Galvin.

Rep. Jamie Allard, an Eagle River Republican, countered that imposing an income tax would drive away military retirees like her who chose to reside in Alaska precisely because their military retirement benefits are not taxed by the state.

Department of Revenue officials did not immediately provide any data to the committee detailing the difference in revenue that could be raised from non-residents through a sales tax versus an income tax.

“As was stated earlier, there is no perfect tax. Any tax is going to have negative downsides,” said Stickel, the department’s chief economist. “That’s true of a sales tax. It’s true of an income tax.”

Enshrining the dividend in the constitution

Dunleavy’s tax plan, which also includes raising new revenue from the oil industry, eventually calls for phasing out the new sales tax, along with the state’s existing corporate income tax. At the same time, his plan calls for enshrining the Permanent Fund dividend in the state constitution in perpetuity and paying out dividends through a new formula that allocates roughly $2 billion annually to the payouts in the foreseeable future.

Advertisement

Some lawmakers said that even at the peak of Dunleavy’s proposed new revenue streams, the state budget will be strained, leaving no room to address the maintenance backlog of state-owned facilities, such as university and school buildings.

“I fail to see how enshrining a liability that outstrips the amount of revenue I’m raising in taxation creates anything but more instability and a need for more taxes,” said Rep. Will Stapp, a Fairbanks Republican.

“So why do we need this proposal, and what is the purpose of this proposal, when the proposal spends more money than it raises?” asked Stapp.

Rep. Will Stapp, R-Fairbanks, speaks with a colleague on Jan. 19, 2023 at the Alaska State Capitol in Juneau. (Loren Holmes / ADN)

Stickel said that several things would have to happen for the governor’s plan to produce balanced budgets in the long run: New oil fields would have to yield significant revenue, the Permanent Fund would have to keep growing, and a yet-to-be-constructed natural gas pipeline would have to begin sending income to the state within five years.

Even if all those things were to happen, the budget would be balanced only if government spending growth were strictly limited in future years, giving lawmakers almost no leeway to increase spending on the maintenance of state-owned buildings.

“There is actually nothing in this plan that will create stability in capital investment in the state, building things, having people working through that building of things, and making life easier for those people by us building things and doing things and maintaining things,” said Rep. Jeremy Bynum, a Ketchikan Republican. “This plan does absolutely nothing for that, that I can see. What it does is it taxes my community to ensure that we’re enshrining a PFD.”

Advertisement

The governor’s fiscal plan has caused many lawmakers in Juneau to wonder: It is worth imposing new taxes to continue paying out Permanent Fund dividends?

By several estimations, Alaska could avoid implementing new broad-based taxes in the coming years if it halted the dividend payments altogether or reduced their size substantially.

It boils down to a question, Andreassen said: “At what point do you pay more in tax than you get in an increased dividend?”

The Department of Revenue did not provide data showing how Dunleavy’s proposed dividends, which would amount to more than $3,000 annually per eligible Alaskan, would compare with the new tax burden at different levels of income.

Bynum also said that Dunleavy’s plan negates one of the main reasons he has given for proposing it. Dunleavy has said that Alaska has the highest revenue volatility in the country, and that making the state’s revenue less dependent on oil, a global commodity, will improve the state’s business climate. But in the long run, Dunleavy is calling for the elimination of the new revenue measures he is proposing, and a return to dependence on oil and gas revenue to fund government services.

Advertisement

“We’re saying we want to have stability by imposing a sales tax because oil revenues are volatile. Then on the other hand we’re saying, ‘Just wait seven years and we’re going to go back to that volatility,’” said Bynum.

Implementation

The Dunleavy administration expects that overseeing the new statewide sales tax would require hiring over 60 new state employees in the revenue department at an annual cost of $10 million.

Andreassen listed a series of technical deficiencies in Dunleavy’s bill that he said made it “unenforceable” without significant changes.

Even if those changes were made, he warned lawmakers that implementing the statewide sales tax as proposed would bring with it significant costs for Alaska’s cities and boroughs.

“This isn’t going to be cheap for local governments to respond and implement,” said Andreassen. Changes would include altering city and borough codes, laying off existing tax collection staff, and transforming local budget processes.

Advertisement

“We just want you to be mindful as you move forward about the complexity of unwinding what is currently a fairly efficient and effective system at the local level,” said Andreassen.





Source link

Continue Reading

Alaska

Ancient Alaskan Site May Explain How First People Reached North America

Published

on

Ancient Alaskan Site May Explain How First People Reached North America


Getting your audio player ready…

A buried campsite in Alaska’s Tanana Valley is offering a sharper picture of what the first migrations into North America may have looked like, right down to campfires, stone flakes, and a mammoth tusk set in time. Researchers argue that the newly analyzed evidence from the Holzman archaeological site shows people were present in Interior Alaska about 14,000 years ago, and that their tool-making traditions hint at technological continuity with the later, famous Clovis culture farther south. 

The study, published in Quaternary International, doesn’t “solve” the peopling of the Americas on its own, but it strengthens a key section of the chain: what was happening in Alaska in the centuries just before Clovis appears across much of mid-continental North America. For a debate often dominated by big routes and big dates, Holzman brings the story back to the intimate scale of daily work – processing ivory, shaping stone, and returning to the same landscape across generations. 

Late Pleistocene extent of glaciation at 14 and 13 ka (Dalton et al., 20202023) with the Beringia landmass, and ancient archaeological sites >13 ka. Clovis sites from (Anderson and Miller, 2017).Ancient lakes at approximately 14 ka include Glacial Lake Atna at the 777 m asl level (Wiedmer et al., 2010) and in Beringia (Bond, 2019).

Advertisement

A 14,000-Year-Old Campsite in the Tanana Valley

The Holzman site sits in Alaska’s middle Tanana Valley, a region archaeologists consider especially important because it preserves deeply layered, well-dated traces of Late Pleistocene life. In the paper, the authors describe multiple occupation layers, with the oldest (Component 5b) dated to roughly 14,000 years ago and containing a nearly complete mammoth tusk along with evidence of hearths and stone-working debris. 

Just above that, the team reports a later layer dated around 13,700 years ago that looks like a focused production episode: abundant quartz artifacts and a clear emphasis on mammoth ivory reduction. That layer also produced what the researchers describe as the earliest known ivory rod tools in the Americas, made with techniques that later become more visible in Clovis contexts, explains Phys.org.

Findings associated with the Holzman archaeological site

Findings associated with the Holzman archaeological site. (Wygal et al. Quaternary International (2026)

This matters because it places people with a sophisticated organic-technology tradition (ivory working doesn’t preserve as readily as stone) in eastern Beringia earlier than or alongside the first big expansions south of the ice sheets. In other words, Alaska is not just “a corridor people passed through,” but a place where key technologies may have been refined before dispersal.

 

Advertisement

Why Mammoth Ivory Tools Are the Real Clue

Stone tools are the durable headline, but mammoth ivory is the more surprising thread. At Holzman, the authors link clusters of quartz flakes and working areas to the carving and shaping of ivory into rods and blanks – materials that would have been valuable, portable, and useful for composite hunting tools. 

Phys.org summarizes the connection the researchers are drawing: ivory rods made at Holzman (around 13,700 years ago) appear to use carving techniques later seen in Clovis contexts (around 13,000 years ago). That doesn’t mean “Clovis came from Alaska” in a simple, one-step way, but it does support the idea that some technological roots of later Paleoindian traditions could have been laid in the north during earlier movements through Beringia and Interior Alaska. 

This is also where the Tanana Valley’s broader record becomes important. The region has yielded multiple stratified sites with early dates, so Holzman is being presented as part of a wider cultural landscape, one that can connect Siberian-Beringian adaptations to later expansions deeper into North America.

Beringia (the Bering Land Bridge region) once linked Asia and North America during lower sea levels. (NOAA/Public domain)

Beringia (the Bering Land Bridge region) once linked Asia and North America during lower sea levels. (NOAA/Public domain)

The Route South: Land Corridor, Coastline, or Both?

Migration into the Americas is not about a single “path,” but timing can still rule routes in or out. The Holzman evidence supports the idea of a southward movement of ancestral Clovis-era populations sometime between 14,000 and 13,000 years ago, after reaching and circulating within eastern Beringia. 

Advertisement

That interior story intersects with the long-running “ice-free corridor” debate. Ancient Origins has previously reported research suggesting the ice-free corridor may not have been viable for the earliest migrations until relatively late (around 13,800 years ago for full opening, in that report), which would imply that initial entry into the Americas could have relied more heavily on coastal or other alternatives, with interior pathways becoming more usable later. 

The Holzman paper itself emphasizes dispersal south of the continental ice sheets during the 14–13 ka window, but it also sits within a field where multiple routes – coastal, interior, and mixed strategies – are actively weighed against new archaeological and genetic data. Rather than closing the debate, Holzman adds weight to the idea that Interior Alaska was populated early enough to feed later expansions, at least once conditions allowed those movements. 

Top image: Illustrative Alaska image, Columbia Glacier, Columbia Bay, Valdez, Alaska.  Source: Frank Fichtmüller/Adobe Stock

By Gary Manners

References

Sahir, R., 2022. Ice Wall Blocked Americas Land Route Until 13,800 years Ago. Ancient Origins Available at: /news-history-archaeology/ice-wall-0016560

Advertisement

Karasavvas, T. 2018. Ancient Infant DNA Rewrites the History of Humans Entering North America. Available at: /news-history-archaeology/ancient-infant-dna-rewrites-history-humans-entering-north-america-009383

Wygal, B. T., et al. 2026. Stone and mammoth ivory tool production, circulation, and human dispersals in the middle Tanana Valley, Alaska: Implications for the Pleistocene peopling of the Americas. Available at: https://www.sciencedirect.com/science/article/pii/S1040618225004306?via%3Dihub

Arnold, P., 2026. Ancient Alaskan site may help explain how the first people arrived in North America. Available at: https://phys.org/news/2026-02-ancient-alaskan-site-people-north.html





Source link

Advertisement
Continue Reading

Alaska

US Senate confirms Aaron Peterson as Alaska’s newest federal judge

Published

on

US Senate confirms Aaron Peterson as Alaska’s newest federal judge


Aaron Christian Peterson appears in front of the U.S. Senate Committee on the Judiciary on Nov. 19, 2025, on Capitol Hill in Washington, D.C. (Screenshot)

One of Alaska’s two federal judge vacancies has been filled.

The U.S. Senate voted 58-39 on Wednesday to confirm state natural resources attorney Aaron Peterson to serve as the state’s newest federal judge. In a legal notice published soon after the vote, Peterson said he would be resigning immediately from the Alaska Department of Law.

Alaska has three federal judgeships but has had only one sitting judge since Joshua Kindred resigned in July 2024 amid a misconduct scandal.

Peterson, a registered Republican, will replace Judge Tim Burgess, who retired on the last day of 2021. That vacancy was one of the oldest unfilled seats in the entire U.S. federal court system.

Advertisement

With only one full-time judge on staff, Alaska’s federal court has relied on judges from other states and semi-retired judges on senior status.

The margin on Peterson’s confirmation was unusually bipartisan, with six Democrats joining most of the Senate’s Republicans in favor. All 39 “no” votes were from Democrats, and three senators did not vote.

Among the Democrats voting “yes” was Sen. Dick Durbin of Illinois, the ranking opposition member on the Senate Judiciary Committee.

Durbin’s office did not respond to a question asking why he voted to confirm.

Last year, answering questions proffered by Durbin, Peterson declined to say President Donald Trump lost the 2020 election and declined to opine on the legality of the Jan. 6, 2021 insurrection at the U.S. Capitol, saying the issue could come before him as a judge.

Advertisement

Carl Tobias, Williams Chair in Law at the University of Richmond School of Law, has been following Peterson’s confirmation process.

“It wasn’t a party line vote. And so I think that means that some of the Democrats are signaling that if a person looks like he’s going to be competent, as I think Peterson will be, then they’re going to move forward and vote for that person,” he said.

Sen. Dan Sullivan, R-Alaska, organized a committee that examined Peterson’s judicial application and forwarded it to President Donald Trump for official nomination. The committee bypassed the usual procedure, which relies on advice from the Alaska Bar Association.

“I’m confident that he will be a great federal judge for our state,” he said in a prepared written statement.

In an application reviewed by the Senate’s judiciary committee, Peterson said he applied for the job after a member of Gov. Mike Dunleavy’s federal transition team encouraged him to do so.

Advertisement

That team was formed during the changeover between President Joe Biden and President Donald Trump.

According to the information Peterson submitted to the U.S. Senate’s judiciary committee, he was born in Anchorage in 1981 and served in the U.S. Air Force from 2000 to 2003 before attending the University of Alaska Anchorage, graduating in 2007. He attended Gonzaga University School of Law and graduated in 2010. He was admitted to the Alaska bar that year.

He returned to Alaska after graduation, serving first as a clerk to Judge Michael Spaan of the Anchorage Superior Court, then as a prosecutor with the Municipality of Anchorage.

Peterson worked in the Anchorage District Attorney’s office starting in 2012, including on violent felonies, such as murder and sexual assault. He moved to the Department of Law’s office of special prosecutions in 2015 before beginning work with the Department of Law’s natural resources section in 2019.

“Throughout his career, which includes military service, Aaron has demonstrated a commitment to the rule of law and federalism. Aaron is a lifelong Alaskan and knows and understands our great state and the unique federal laws that impact us,” Sullivan said.

Advertisement

Tobias watched Peterson’s confirmation hearings from Virginia.

“Watching his hearings and the discussion of him, it seems like —especially in Alaska — he does have that expertise on natural resource issues from pretty long experience, and so it seems like that’s a good match,” he said.

U.S. Sen. Lisa Murkowski, R-Alaska, didn’t participate in Peterson’s application process but offered her support after Trump nominated Peterson and voted for his confirmation on Wednesday.

“I look forward to Mr. Peterson hitting the ground running to help an overworked court, while working to address and reform the culture of abuse and low morale that has permeated the District Court in recent years,” Murkowski said in a prepared written statement. “Mr. Peterson is a born-and-raised Alaskan with a strong record of legal practice in our state, including in natural resources and criminal and civil law, and his leadership will be invaluable to Alaska. We now turn our focus to filling the remaining vacancy as soon as possible.”

Originally published by the Alaska Beacon, an independent, nonpartisan news organization that covers Alaska state government.

Advertisement





Source link

Continue Reading

Trending