ELR Citation: ELR 20244
No(s). J85-009 CIV (D. Alaska Dec 6, 1985)

The court holds that the National Park Service must prepare cumulative environmental impact statements (EISs) on the granting of individual mining permits in certain national parks in Alaska and extends an earlier preliminary injunction on mining operations, 15 ELR 21048, to include Denali National Park and Preserve. The court first rules that it may require an agency to conduct a cumulative EIS even when environmental assessments (EAs) for the individual mining permits have not been prepared. Although the question of whether the agency should be allowed to make the initial EIS determination is one of exhaustion of administrative remedies, the court has the discretion not to remand the issue when the remand would be futile or a waste of administrative resources. It this case, the court agrees with plaintiffs that the approval of a number of individual mining permits within the parks may have a cumulative significant environmental impact even if the separate actions, standing alone, do not. Plaintiff is only required to show that a proposed action "may" have significant environmental effects. Based on the evidence, the court finds that the Park Service would have no reasonable basis for concluding that the mining in the named parks does not require an EIS. Moreover, the Park Service's long-term failure to prepare EAs is an additional reason for requiring it to prepare an EIS at this time.

The court declines to modify its injunction requiring the preparation of EISs on the cumulative environmental effects of mining in Wrangall-St. Elias National Park and Preserve and Yukon-Charley National Preserve, and extends it to include Denali National Park and Preserve. In response to an argument that the order is too broad, the court suggests that if individual mining operations do not contribute to cumulative environmental impacts within a park, the government or the miner may move to modify the injunction accordingly.

Counsel for Plaintiffs
Lauri J. Adams
Sierra Club Legal Defense Fund, Inc.
419 6th St., Suite 321, Juneau AK 99801
(907) 586-2751

Counsel for Defendants
Michael R. Spaan, U.S. Attorney
Federal Bldg. & U.S. Cthse., 701 C St., Rm. C-252, Mail Box 9, Anchorage AK 99513
(907) 271-5071

Counsel for Defendants-Intervenors
Thomas R. Wickwire
3700 University Ave. S., Fairbanks AK 99701
(907) 452-4848