Court to Revisit Decision to Develop Road Through Izembek National Wildlife Refuge

The 9th Circuit Court of Appeals will revisit a decision that upheld a land exchange that would make way for a road that would run through Izembek National Wildlife Refuge in Alaska. On November 10, the court threw out the Trump-era decision and ordered a rehearing of the case.

Upon hearing the news, Defenders of Wildlife's Former President and CEO Jamie Rappaport Clark released the following statement:

“We are grateful the Ninth Circuit has chosen to rehear this case and reconsider a deeply flawed decision. Defenders of Wildlife is optimistic that the court will ultimately reject this illegal land exchange and protect the irreplaceable wilderness and wildlife habitat of Izembek National Wildlife Refuge.”  

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Before the case went to the Ninth Circuit Court of Appeals, two Alaska District Court decisions rejected such an exchange. The Biden administration defended the Trump era land swap on appeal. A three judge Ninth Circuit panel ruled 2 to 1 in March that the Interior Secretary could use the land exchange provision of ANILCA to gut a National Wildlife Refuge and congressionally designated Wilderness Area without congressional approval. The panel also found that ANILCA’s purposes include providing economic benefits to the State and corporations within it, contrary to the law’s plain language explaining that it is intended to protect conservation and subsistence in Alaska.  

That court's decision upheld a land swap designed to make way for a commercial gravel road in Izembek National Wildlife Refuge. Law firm Trustees for Alaska filed a petition for rehearing en banc in April 2022 asking the entire Ninth Circuit Court to review the split court decision that threatens  Izembek lands, waters and animals, and has dangerous and expansive implications for all public lands in Alaska.  

Trustees for Alaska represents nine groups in the lawsuit including Defenders of Wildlife. They also represent Friends of Alaska National Wildlife Refuges, Alaska Wilderness League, the Center for Biological Diversity, Defenders of Wildlife, National Audubon Society, the National Wildlife Refuge Association, Sierra Club, The Wilderness Society, and Wilderness Watch.