Anchorage Daily News

Today, mining companies, Native firms, environmentalists and the state will battle in a Fairbanks courtroom over two initiatives scheduled for the ballot later this year.

The measures, dubbed the Clean Water initiatives, would create new environmental rules for large metal-producing mines in Alaska.

Mining companies and Native firms are fighting to block them, saying the initiatives would ban large mines, destroy hundreds of jobs and violate the state constitution and federal law.

Supporters of the initiatives, all of them opposed to developing the Pebble copper and gold prospect in Southwest Alaska, disagree.

They say their initiatives would only ban a massive mine like Pebble, which is controversial because of its location at the headwaters of some of Bristol Bay's major salmon fisheries.

"The idea is to make sure new mines do it right," said Danny Consenstein of the Renewable Resources Coalition, an Anchorage nonprofit that opposes Pebble and is providing the attorneys to defend the ballot initiatives.

Lt. Gov. Sean Parnell refused to approve the wording of the first initiative. That one prevents a mine from discharging pollutants into drinking water sources or salmon streams. A state Superior Court judge overturned Parnell's decision, but Parnell has appealed to the Supreme Court.

Parnell approved the second initiative, which prevents a mine from discharging pollutants only in harmful amounts. Miners want both initiatives thrown out.

Whatever the outcome of today's hearing, the battle over the initiatives is expected to drag on. Whoever loses will likely appeal to the Supreme Court.

EXEMPTIONS

The initiatives exempt mines that have already received all of their permits, but mining companies are worried they will not be exempt when they apply for new permits, or when they need to renew an old permit.

A group of Native corporation leaders filed their own lawsuit against the initiatives because they are interested in opening large mines on their land, or expanding existing mines such as the Red Dog zinc mine near Kotzebue.

Millions of acres of Doyon land selected 30 years ago because of their mining potential would lose most of their economic value if the initiative passes, said James Mery, Doyon's senior vice president for lands and natural resources.

"We don't see how it would be possible to permit a new mine of any size or consequence," Mery said.

THE PLAYERS

The three different groups involved in today's hearing, presided over by state Superior Court Judge Douglas Blankenship, have three different opinions of the Clean Water initiatives.

All sides have lined up attorneys and experts who tout dramatically different interpretations of what the initiatives would do.

Among those fighting both initiatives: the Association of ANCSA Regional Presidents and CEOs, the Alaska Federation of Natives, the Council of Alaska Producers and the developers of the Pebble prospect.

The defenders of the initiatives are its sponsors, including John Holman, Jack Hobson and Luki Akelkok, and the Renewable Resources Coalition.

The state Department of Law is defending Parnell's decisions to block one initiative but allow the other to go forward.

The sponsors filed thousands of signatures for both initiatives with the state Division of Elections in January, hoping to get on the election ballot this year.

The division is now verifying that the signatures are valid.

Find Elizabeth Bluemink online at adn.com/contact/ebluemink or call 257-4317.

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