ELR Citation: ELR 21048
No(s). J85-009 CIV (D. Alaska Jul 24, 1985)

The court holds that the National Environmental Policy Act (NEPA) requires the National Park Service (NPS) to prepare environmental assessments (EAs) and environmental impact statements (EISs) on the impacts of mining in national parks in Alaska. The court first concludes that joinder of all miners who have filed a plan of operation is infeasible, but that this case falls within the "public exception" rule to Federal Rule of Civil Procedure 19 and the miners not joined are not necessary parties.

The court holds that the NPS has violated NEPA and its own regulations concerning mining in national parks in not preparing environmental analyses or EAs prior to approving. The court notes that the NPS has relied on a regulation allowing temporary approvals for mining operations since 1979 and has not once prepared an EA, contrary to NEPA's mandates. The regulation allows temporary approval only if continuation of mining operations is necessary to enable timely compliance with the mining regulations or if ceasing existing operations would result in an unreasonable economic hardship to the miner. Neither of these situations applies here. The court then rules that the regulations require the NPS to consider permits for access to inholdings separately from the approval of the plan of operations and finds that the NPS has failed to do so. Finally, the court holds that the NPS must prepare EISs on the potential cumulative environmental impacts when more than one mining operation is occurring within a park.

The court concludes that an injunction should issue and sets aside the NPS' approval of submitted mining plans in national parks in Alaska. In addition to plaintiffs having shown probable success on the merits and possible irreparable environmental injury to the national parks, there is a strong public interest in enforcing regulations designed to protect the parks.

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 Defendant
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 Intervenor
Thomas R. Wickwire
3700 University Ave S., Fairbanks AK 99701
(907) 452-4848