A federal judge has vacated a land swap agreement that was key to road construction between the communities of King Cove and Cold Bay. The road would pass through the Izembek National Wildlife Refuge.
On Tuesday, U.S. District Court Judge Sharon Gleason ruled that the U.S. Interior Department did not follow three federal laws — the Endangered Species Act, the National Wildlife Refuge System Administration Act and the Alaska National Interest Lands Conservation Act — when it traded land last fall with the King Cove Corp. to allow the road’s construction.
The federal government had argued that once the protected refuge land was transferred to the local Native village corporation, it no longer needed to follow stricter federal approval requirements. But Gleason disagreed and effectively undid the swap, at least for now.
Earlier this month, a barge carrying heavy equipment to build the road arrived in King Cove. The Alaska Department of Transportation and Public Facilities said more than 20 local residents have completed training and certifications to participate in the construction project, which was set to break ground in September.
King Cove residents have supported the road for decades, saying access to Cold Bay’s all-weather runway is crucial for getting emergency medical care. Gleason wrote in the ruling that “those circumstances cannot justify keeping in place an unlawful land exchange that would allow road construction to proceed.”
The lawsuits were filed by three Yukon-Kuskokwim Delta tribal governments — Native Village of Hooper Bay, Native Village of Paimiut and Chevak Native Village — along with several conservation groups.
They argued that Izembek is a critical stopover for migratory birds, including geese that nest in the Y-K Delta, where they’re an important subsistence food.
