By Jon Styf  |  September 14, 2023

Category: Legal News
Close up of Tongass National Forest signage, representing the Alaska Tongass lawsuits.
(Photo Credit: Jeff Whyte/Shutterstock)

Alaska Tongass overview: 

  • Who: The state of Alaska and Inside Passage Electric Cooperative/Alaska Power Association filed separate lawsuits against the United States Department of Agriculture and Agriculture Secretary Thomas Vilsack. Alaska’s lawsuit also includes The U.S. Forest Service and Forest Service Chief Randy Moore.
  • Why: Alaska and the electric companies are looking to block the departments’ choice to end the Alaska Rule and go back to the Roadless Rule, which adds protections for 9.3 million acres of the Tongass Forest Preserve against road building, rebuilding or timber harvest.
  • Where: The Alaska Tongass lawsuits were filed in federal court in Alaska.

The state of Alaska and a pair of electric companies filed lawsuits against the United States Department of Agriculture and Secretary Thomas Vilsack over protections the federal government added in the Tongass Forest Preserve to block road building, rebuilding and timber harvest on 9.3 million acres.

The Alaska Tongass lawsuit also names the United States Forest Service and Chief Randy Moore, looking to block the federal government’s announcement that it would repeal the Alaska Rule and go back to the Roadless Rule. The Alaska Tongass Forest Preserve accounts for 80% of the land base in Southeast Alaska and nearly 17 million acres.

“The Roadless Rule bars a wide array of economic and recreational uses including hydropower, wind and geothermal development, construction and maintenance of transmission lines necessary for greater renewable buildout, mining claims and mining development access, transportation easements and rights of way, most forms of motorized recreation, and for any other development or activity that requires or is made possible by roads,” the Alaska lawsuits said. “Defendants’ decision fundamentally cripples Southeast Alaska’s economic and community growth and corresponding state revenues by inflating capital costs for projects and inflating state administrative and operational costs and expenses.”

The Alaska lawsuits argue Congress has clearly shown a path toward allowing roads and economic development in the Alaska Tongass while also prioritizing land preservation. Instead, the Alaska logging bans are preventing development.

Alaska power companies would like to pursue hydroelectric, geothermal power options, Alaska lawsuits say

The power company lawsuit comes from Inside Passage Electric Cooperative and Alaska Power Association, which claim the Roadless Rule blocks energy options and makes energy rates for several low income and indigenous communities some of the highest in the country due to its reliance on diesel fuel.

The companies would like to pursue hydroelectric and geothermal power options but the Alaska logging bans are blocking that progress. 

Environmental complaints involving Montana, Johnson Controls, Chemours, DuPont, Corteva, the Port of Seattle, Alaska Air Group and Delta Air Lines have recently been filed or resulted in settlement agreements.

What do you think of the government’s protections? Let us know in the comments.


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