Court of Appeals Finds Izembek Refuge Land Exchange Case Moot

Today, the Ninth Circuit Court of Appeals vacated an earlier decision that would allow the Department of the Interior to grant private companies road access through the Izembek National Wildlife Refuge. This dismissal follows Secretary Deb Haaland’s withdrawal from the land exchange agreement between the department and King Cove Corporation in March. The court dismissed the case as it found judicial relief was no longer required for the issue.  

“This is a welcome reprieve from a terrible decision that would have hastened the biodiversity crisis,” said Nicole Whittington-Evans, Defenders of Wildlife Alaska program director. “We will continue to fight for the protection of Izembek Refuge, its extraordinary wilderness and wildlife values and other protected lands in Alaska from commercial interests.” 

This ends the saga of two attempts to misuse a land exchange provision of the Alaska National Interest Lands Conservation Act intended to enhance conservation in order to gut a congressionally designated Wilderness Area. A smaller panel of judges in the Ninth Circuit permitted the Secretary’s land trading, and Defenders of Wildlife successfully sought a rehearing of that finding.