ELR Citation: 44 ELR 20074
No(s). 3DI-11-00053 (Super. Ct. Alaska Mar 19, 2014)

An Alaska court held that state law impliedly preempts a ballot initiative that would allow a local borough to prohibit the issuance of a permit for large-scale mines that would have a significant adverse impact on salmon-bearing waters. The court rejected the state's claim that the initiative, locally known as the "Save our Salmon" initiative, should be interpreted as an outright ban on large-scale mining given campaign rhetoric on the issue. The initiative's unambiguous text shows that it would impose a permitting regime rather than an outright ban, and voter intent is irrelevant to the court's analysis. Nevertheless, the initiative is preempted by state law. The legislature conferred permitting authority on the state Department of Natural Resources (DNR). In so doing, it impliedly prohibited local governments from assuming a concurrent role. Accordingly, the initiative cannot be enforced, and the borough has no veto power over a planned open-pit copper and gold mine in the area should the state DNR approve it.