Environmental Victory for Alaska Natives

On January 8th, the U.S. Supreme Court rejected the State of Alaska's bid to fast-track the legal process, overrule the Environmental Protection Agency (EPA), and gain approval for the Pebble Mine -- slated to extract enormous amounts of copper, gold, and molybdenum from the pristine and sensitive ecosystem known as Bristol Bay. Located in a remote, wild, and generally uninhabited part of Southwest Alaska, Pebble is the largest known undeveloped copper ore body in the world.
 

The populations in the area rely heavily on wild resources for subsistence, harvesting moose, caribou and salmon. Wild resources play an important part in the region's cultural heritage. There are more than 30 Alaskan native tribes in the region that depend on salmon to support their traditional subsistence ways of life, in addition to other inhabitants and tourists in the area. A diverse coalition led by Alaska Natives has consistently fought against the proposed mine for more than two decades. It eventually gained support from the EPA, which ultimately blocked the mine proposal in January 2023 over concerns it would threaten an aquatic ecosystem supporting the world's most prolific sockeye salmon fishery.
 

This decision is significant, particularly considering the current High Court's tendency to support states' rights, limits on regulation -- especially of the environmental variety -- and corporate concerns. Alaska's request, filed in June, was unusual in that it sought to skip lower appeals courts to challenge the EPA's decision on the basis that it violated Alaska's state sovereignty.
 

Under the law, alleged violations of state sovereignty are one of the few categories of cases that grant the Supreme Court original jurisdiction -- meaning a state can bypass the usual state/federal court appeals process and file straight with the High Court. The justices could easily have decided to hear the case and decide in favor of the mining company, which has shown no qualms about engaging in some shady business practices over the years.
 

As the single most productive sockeye salmon fishery in the world, Bristol Bay contains biodiversity and abundant wild fish populations which present a stark contrast to many other fisheries in the Pacific Northwest (and worldwide). All five Eastern Pacific salmon species spawn in Bristol Bay's freshwater tributaries. Most have experienced severe depletion over the last few decades. Sockeye salmon, like all Pacific Salmon, are a keystone species, vital to the health of an entire ecosystem. Of course, salmon also provide a sacred food source for Indigenous communities up and down the West Coast.
 

Kudos to the United Tribes of Bristol Bay, a consortium of Alaska Native tribes fighting to preserve the traditional Yup'ik, Dena'ina, and Alutiiq ways of life in Southwest Alaska, for leading the charge. The Supreme Court's decision confirms all the hard work put in by tribes and allies, including the Save Bristol Bay Coalition. It remains to be seen whether Alaska's conservative leadership will continue with legal challenges at a lower court level -- but, for now, Indigenous People have won a big battle in this decades-long fight to protect their homelands.