Lawsuits challenge land exchange aimed at allowing a road to be built in an Alaska wildlife refuge

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JUNEAU, Alaska (AP) — Alaska Native tribes and conservation groups sued the federal government Wednesday, seeking in at least three separate lawsuits to overturn a land exchange aimed at allowing a road to be built through a national wildlife refuge.

Legal challenges to the land exchange agreement reached last month between Interior Secretary Doug Burgum and an Alaska Native village corporation include claims that it was not properly analyzed, that it poses risks to sensitive habitats and that it could threaten migratory birds that some Alaska Natives rely on for food.

King Cove, a community of about 870 people near the Izembek National Wildlife Refuge, has for years pushed to have a road built through the refuge for access to an all-weather airport at Cold Bay, about 18 miles (29 kilometers) away.

Alaska’s governor and congressional delegation have supported the cause, calling it a life and safety issue that would allow for emergency medical evacuations. The delegation has said King Cove's airstrip can frequently be closed for bad weather, and that high seas can make travel by water between King Cove and Cold Bay challenging.

Terms of the agreement include conveyance by the government of about 490 acres (199 hectares) to King Cove Corp. for a potential road corridor, while the corporation would convey about 1,739 acres (703.7 hectares) to the refuge and relinquish selection rights to additional land. A decision document, signed by Burgum, says the proposed road would be about 19 miles, much of which would be within the refuge. It says it would be up to the corporation to obtain the necessary permits and funding for a road.

Elizabeth Peace, an Interior Department spokesperson, said by email Wednesday that the department doesn't comment on litigation.

One of the lawsuits was filed by the Native Village of Hooper Bay, Native Village of Paimiut, Chevak Native Village and the Center for Biological Diversity, a conservation group. The tribal governments are hundreds of miles north of King Cove but have expressed concern that a road could impact migratory birds they rely on that stop along the way at the refuge.

Angutekaraq Estelle Thomson, traditional council president of the Native Village of Paimiut, in a statement called the refuge's eelgrass wetlands “a lifeline for emperor geese, black brant and other birds that feed our families and connect us to Indigenous relatives across the Pacific."

“We are joining this lawsuit because defending Izembek is inseparable from defending our subsistence rights, our food security and our ability to remain Yup’ik on our own lands,” she said.

Lawsuits also were filed by a coalition of conservation groups, represented by Trustees for Alaska, and by Defenders of Wildlife.