Monday, June 4, 2012

You don't have to be a scientist to understand that you cannot assess the effects of what you don't know



In Alaska. . . Mining was the economic king for many years and then the fish ruled for awhile until mass quantities of carbon fuels were discovered in the 1960s. The oil companies assured everyone that they could harvest carbon fuels cleanly and co-exist with the surrounding pristine habitat, well, we see where that has ended up. This is why We The People have had to turn to the federal government to protect us from our own State government. Our Alaskan government has even gone as far as asking to join into lawsuits against the residents of Bristol Bay and likewise has had a foreign corporation ask to join a lawsuit defending illegal actions by the State of Alaska as pertaining to Bristol Bay. The State agencies tasked with oversight have already proven themselves to be ineffective and downright negligent in performing their duties to protect the natural resources.

"Alaska State Constitution, Article 8 - Natural Resources, § 3. Common Use: Wherever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use."

The existence and progress of the Pebble Project isn't by accident either. The State of Alaska has been setting up for this and almost got away with it. If you look at the list of characters and the time line of how we got from there to here in this important issue, you'll clearly see where the State of Alaska in cooperation with multiple foreign entities has set up for the destruction of Bristol Bay and the fisheries that are supported by the Bay.

In 2002 when Frank Murkowski was running for governor, he put forth a plan to build roads to several mining projects, including the Pebble Project in Bristol Bay. This was just part of a string of policies he said he would implement to aid mining if elected governor. Among his other proposals:

• Delayed implementation of new environmental regulations designed to protect Alaska's coastline.

• Changes in law to prevent people who challenge state decisions on mining from receiving legal fees.

• More state rights of way on federal land to access resources.

• Faster permitting and state takeover of water discharge permitting from the federal government.
"We need to get in there and start making things happen," he said.

In implementing his campaign agenda, In 2003, Murkowski moved the Alaska Department of Fish and Game Habitat Division biologists to the Department of Natural Resources, which generally works toward development, saying they were unnecessarily delaying permits. The Murkowski administration in 2005 moved to change the state's long-time ban on mixing zones, where large mines or large sewage treatment plants would be allowed to discharge pollution into any water used by fish for spawning, by allowing them on a case-by-case basis.


2003 - "Canadian firm strikes gold at Alaska prospect...

ANCHORAGE - A Canadian mining company is pursuing plans to develop the Pebble prospect near Iliamna in Southwest Alaska.

Bruce A. Youngman, vice president of Vancouver-based Northern Dynasty Minerals Ltd., said test results of minerals at the property showed high-grade gold, copper and molybdenum throughout the site. Geologists consider it one of the world's largest untapped gold and copper deposits. Because the minerals are under a thin layer of gravel, they're configured in a way that would make for very low cost, open-pit mining, Youngman said. "It's a world-class mineral district," Youngman told the Alaska Miners Association annual conference in Anchorage." Alaska Digest - Staff and Wire Reports - Monday, 11-10-2003

In 2005, Bruce Jenkins, Chief Operating Officer for Northern Dynasty Minerals confirmed that the size of the deposit is considerably larger than originally thought. This was based on exploratory drilling done by his company in 2003 and 2004. The movement to protect Bristol Bay from destructive development also kicked off in 2005 when, The Alaska Independent Fishermen's Marketing Association sent a letter to Alaska Governor Frank Murkowski asking him to oppose the Pebble mine project - which could turn into the continent's biggest gold mine - as an upstream threat to the bay's abundant Sockeye. Of course, the governor's office issued no reply to the request.


As far back as 2005, The Alaska Department of Natural Resources began secretly changing the land-use classifications in Bristol Bay and hired mining industry experts to re-write the 1984 BBAP. This re-write resulted in the reclassification of nearly 12 Million Acres of Wildlife Habitat Land to less than 1 Million Acres. Permitting was also streamlined when Commissioner Irwin created the Office of Project Management and Permitting (OPMP) to expedite mining permits and re-write the BBAP. The OPMP was staffed with persons directly associated with the mining industry that substantially funded the operations of the OPMP that resulted in favorable reclassification of wildlife lands to suit the mining industry’s goal of avoiding stringent regulations pertaining to areas surrounding mega-industrial mines. This office was also created to assist mining interests in expediting the permitting process and avoiding environmental concerns further down the road.

Although mining interests did not directly play a major fund raising role in Palin's gubernatorial campaign, post-election donations to her inaugural committee came from four mining companies, including Northern Dynasty, the Pebble Mine co-developer. The money was spent on inaugural balls and on travel by the governor and her family for events. The amounts were not disclosed. The Pebble partners also footed the bill for Governor Palin's husband Todd, to do a 'fact finding tour' of Alaskan mines to sway the executive opinion on clean water issues.

The Pebble Limited Partnership was formed in 2007, just months before Cynthia Carroll, CEO of Anglo-American PLC met privately with Governor Sarah Palin, Palin assistant Joe Balash, House Speaker John Harris of Valdez and Senate President Lyda Green. Mrs. Palin's assistant had in February submitted a brief to her describing and supporting the legislative agenda of the Alaska Support Industry Alliance which said, "#6. Oppose any legislation pre-empting or undermining the regulatory and permitting process for the Pebble Mine project." The governor's reply to the brief was an email entitled, "Blocking economic development is not an honor." where she rails against environmentalists opposing oil development in ANWR and mineral mining in Bristol Bay. Palin even said that Alaska needs another refuge like it needs a hole in the head and promptly charged full speed ahead with a pro-development corruption driven agenda.

2008 was a good year for Pebble in the Alaska State Legislature...and in the polls. With a supposed centrist and no-nonsense Governor whose husband hails from Bristol Bay, you'd figure that efforts to protect the way of life and sustain the resources would be a no brainer. During the 25th legislature, two measures designed to protect the habitat of Bristol Bay were shut down. The Jay Hammond State Game Refuge proposal introduced by Senate President Gary Stevens of Kodiak and the Protection of Salmon Spawning Water bill introduced by Representatives Edgmon, Ramras, Dahlstrom, Gara, and Kerttula were both killed in there respective houses' Resource Committees.

The 25th Alaskan Legislature also could have restructured the mining tax code by adopting HB156, introduced by Paul Seaton of Homer. But Rep. Jay Ramras, R-Fairbanks, said he's determined to keep the mining industry from being "taxed into extinction." Of course making sure the Alaska gets it's fair share of the minerals mostly held on state lands wasn't a priority for Governor Palin, "Sharon Leighow, spokeswoman for Republican Gov. Sarah Palin, said the governor does not support the bill on mine taxes." The current tax code indicates that somewhere around 1% in taxes are paid by mining companies on the in ground/raw value of the ore extracted and not on processed materials.

This was also the year that Sarah Palin took off her hat as Alaska Governor and essentially defeated the public initiative aimed at imposing stricter water use standards to protect the sustainability of the all important waterways of Alaska. In a campaign questionnaire, she (Sarah Palin) said that "as part of a Bristol Bay fishing family myself, I would not support any resource development that would endanger the most sensitive and productive fishery in the world." but as the vote on the Clean Water Initiative approached, something changed. A week before the vote, Palin spoke with initiative opponent Mead Treadwell, the chairman of the U.S. Arctic Research Commission. He sensed that the governor was seeing things his way. "Palin said, 'I can't take a position, but if anyone asks me what I think, I'd say that I don't like it,' " Treadwell recalled. Mead Treadwell currently serves as the Lt. Governor of Alaska under Sean Parnell who served as Lt. Governor under Sarah Palin and succeeded her when she quit her job.

In fact... there was even an earmark for $25000.00 in the State Capitol budget for the Governor's Office to "influence" the initiative and promote the benefits of mining. Under 1/2 Governor Sarah Palin... North Pole Republican Rep. John Coghill and House Majority Leader Ralph Samuels, R-Anchorage, added the capital budget $25,000 for the governor's office to educate the public on Alaska mining and regulation and provide information "to influence the outcome of an election on initiatives affecting those mining activities." 










2008 also saw the Pebble project hire a Deputy Commissioner away from the Alaska Department of Fish and Game. Ken Taylor was employed to be the Vice President for the Environment. Mr. Taylor also served as Sarah Palin's point man in her argument against global warming. He was hired by CEO John Shively who credited his former working relationship with Taylor while Shively was Commissioner of the Department of Natural Resources.

Shively has been a Juneau insider since coming here as a Vista volunteer in 1965 after getting his BS in Political Science. Mr. Shively served as Commissioner of the Alaska Department of Natural Resources. after his tenure as Alaska Governor Bill Sheffeild's Cheif-of-Staff. Many Alaskan's will remember that John Shively was granted immunity during the impeachment proceedings surrounding Governor Sheffield and testified to the corrupt practices he and the Governor were utilizing to ensure a profiteering by a political ally. He was most recently was vice president of government and community relations for Holland America Line and served 17 years with NANA Regional Corp. He and other NANA leaders negotiated development of the Red Dog mine in northwest Alaska in partnership with Teck Cominco.

In 2009, the several very pro-development Alaska legislators took issue with the University of Alaska and their stances on natural resource development. Rep. Anna Fairclough, R-Eagle River, a member of the powerful House Finance Committee, has grilled Chancellor Mark Hamilton before her committee, and questioned his university's support for the oil and mining industries. "If I ask university staff, the people who are educating our future leaders, if they support the Chukchi Sea development, the Red Dog Mine or the Pebble Mine or any type of industry along those lines, a stereotypical response is they are in opposition," she said. Rep. Mike Kelly, R-Fairbanks, said some of the students who visit the Capitol looking for money are openly anti-development. "They come down here and rail against anything that brings in the very bucks that they come down here and tell us that we owe them," he said. he later added that these students should be better trained in how to lobby the legislature for funding.

The projected income of the Pebble Project will pay about .8 % in taxes to the State of Alaska. Maybe someone should educate Representatives Kelly and Faircloth on what's what with resource development taxing. Over the expected life of the mine, Pebble has valued the mine at $500Billion meaning the State of Alaska would receive $2.5-3Billion over a period of 100 years or so, about $20 Million a year averaged.

Just last year in a presentation to the conservative Heritage Foundation... "The inability of America to develop its vast natural resources due to the manipulation of environmental laws, which have helped clean up America, are restraining global competitiveness and driving the United States toward becoming a Second World Country." John Shively, former Alaska State Commissioner of Natural Resources under Governor Tony Knowles (D). Mr. Shively works for the partnership of several foreign corporations, to ensure the continued commercial colonialism of American natural resources.

In July of 2009, Nunamta Alukestai filed a lawsuit against the State of Alaska, and more specifically the Department of Natural Resources. The purpose of the lawsuit was to stop exploratory drilling being done under permits that were issued without any public process. There is also another active lawsuit concerning the reclassification of Bristol Bay in a shady move that occurred In 2005; the Alaska Department of Natural Resources restructured themselves and then reclassified Bristol Bay as a mining district. Plaintiffs allege that the 2005 Bristol Bay area plan adopted by Natural Resources Commissioner Tom Irwin skewed away from the region's rich fish and wildlife habitat and that of the protections offered under the 1984 plan, while encouraging and protecting the development of mining on nearly all of the 12 million acres of state-owned uplands whose waters flow into the Bristol Bay watershed, home of the world's largest Sockeye salmon fisheries.



In 2010, The Pebble Limited Partnership was fined $45000.00 for violating their Water Use Permit over a period of three years. “We’ve got a good track record in Alaska. All the mines are in compliance, we have healthy fish downstream and good water quality,” Ed Fogels, Mine Permitting Supervisor, 2008 AK-DNR. These violations were self-reported after the company was confronted about the use of waters outside of their permit area. The State oversight that is supposedly good enough to enforce even simple regulations about where to draw water from didn't even have a clue. "A DNR official said Friday that state regulators missed the violations during their inspections because they were focused on other matters -- mainly ensuring that the drilling crews were following environmental protocols."

But then, just last year in 2011, a Superior Court Judge in Anchorage ruled that the exploratory drilling being done by the Pebble Limited Partnership hasn't caused harm to the environment. This was the previously mentioned lawsuit that claimed the exploratory permitting was done illegally because public notice and involvement never occurred in AK-DNR's proccess. In his ruling, Judge Aarseth said the state didn't need to, and was not in violation of the state constitution.



And of course our current executive, Governor Sean Parnell is as pro-development as it gets when it comes to who he serves in Alaska. Mr. Parnell was a lobbyist for oil giant Conoco-Phillips before taking that expertise into becoming a politician. My guess is that he decided he was tired of giving away the perks to elected representatives of We The People and wanted some for himself. In 2010, Gov. Sean Parnell signed into law new disclosure requirements for those seeking to place initiatives before Alaska voters. The new requirements were backed by a number of mining industry supporters following an attack on the Pebble Mine using the initiative process. Basically it boils down to this... for a person or entity to begin the process of initiating public authority, they have to expose themselves to the corporate opposition. If you want to begin a petition, you must file with The Alaska Public Offices Commission. This would also include a recall effort as well. Clearly something that is un-Constitutional.
"This is a way to intimidate people who might give you money to gather signatures, to choke that off right at the beginning," Rep. Harry Crawford (D) said after the vote on the initiative sponsored by Kyle Johansen (R) and Cathy Munoz (R).

Governor Parnell also took steps to strengthen the Alaska Department of Natural Resources by moving Alaska Attorney General Dan Sullivan to head that agency. Under his leadership, the Department of Law undertook an aggressive strategy of initiating and intervening in litigation aimed at halting federal government overreach into the lives of Alaskans and protecting the state's economic future and responsible resource development interests. In addition to 'circling up the wagons' to protect Alaska's flawed permitting and oversight system, the Governor also appointed Joe Balash as a Deputy Commissioner. Mr. Balash previously served as Sarah Palin's Executive Aid on natural resource issues and has close ties to the Alaska Support Industry Alliance.

However, contrary to the Alaska State Constitution, our current Governor's office also worked hard to ensure that the Coastal Zone Management Program used by the State for gathering public input from coastal communities was shelved in 2011. There is a public initiative being brought before Alaska voters this year sponsored by The Alaska Sea Party to re-instate the CZMP and ensure that public input is gathered by the State when considering development that could affect coastal resources.

Last year Governor Parnell went so far as to advise President Obama and Energy Secretary Steven Chu on streamlining the federal permitting system for mines and bringing it more in-line with the pro-development style that exists in Alaska. In a letter to President Obama, he said, "Second, as noted by Secretary Chu, the federal mine permitting system in the United States ranks as the least efficient or timely among 25 mining countries, requiring a time frame of seven to 10 years to deliver a permit. This compares to Australia where permits are often issued in one to two years. In order to ensure an effective NEPA process, high ranking managers from federal agencies with decision making authority (particularly from the EPA) need to coordinate early and often with each other, permit applicants, and state agencies."





The Pebble Limited Partnership is also a big spender when it comes to lobbying here in Alaska. "The Pebble Partnership, developers of the huge Pebble Mine prospect in Southwest Alaska, spent more on Alaska lobbyist salaries than anyone else in 2010. The group laid down $378,000 to employ four of the professional lobbyists at the Capitol." Among those employed by The Pebble Partnership is Wendy Chamberlain and her ex-husband, former Anchorage state Rep. Eldon Mulder.

But the real big bucks are spent in DC... where of course lobbyists are the ones calling the shots. So far in 2012, lobbying activity 'reported' on behalf of The Pebble Limited Partnership has exceeded $150,000K and they spent right at $1Million for each of the two preceding years. This includes lobbying contact with several entities of the United States government, including The Executive Office of The President of The United States, The US Senate & House of Representatives, The Environmental Protection Agency, The Department of Defense and The State Department. All of these interactions were reported by four different lobbying agencies, including one appropriately named GovBiz Advantage. GovBiz also represents the Alaska Federation of Natives. I can't tell you any more than that, because the lobbying reporting forms are so ambiguous in their information. 





Since major exploration of Bristol Bay began about a decade ago, the returns of Chinook and Sockeye Salmon have already shown significant decreases. The two graphs below were culled from documentation posted by one of the Pebble Project stakeholders and clearly show that something is happening to the fish. The only thing different upriver is the increase in exploration that requires millions of gallons of water to be diverted from salmon producing waterways and the disposal of untold amounts of chemicals into the surrounding habitat. These factors along with the temporary construction of drilling pads and exploration infrastructure have surely caused undue harm to the spawning grounds. It is already proven that they are exploring in spawning areas. 
Data from Hunter Dickinson Resources



Data from Hunter Dickinson Resources
On May 18, 2012 the EPA released "An Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska". They are soliciting public comment through July 24, 2012 before making any determination on any proposed actions.

But as Ronald W. Thiessen President & CEO of Northern Dynasty said, "You don't have to be a scientist to understand that you cannot assess the effects of what you don't know." in the company's written public comment to the EPA concerning the Bristol Bay Watershed Assessment. This is the real crux of the issues at hand. It is proven fact that the natural habitat in and around Bristol Bay has provided for the lives of people and animals for an untold amount of time. This resource is sustainable as along as we protect it from being desecrated by mining, oil/gas drilling and the infrastructure required to carry out these short term solutions to historical problems.


However... the pro-Pebble propaganda machine immediately went on the offensive once the EPA released the assessment. The Conservatives4Palin website where the motto is "Just The Facts" posted a blatant lie on the issue saying, "just last week the EPA announced plans to use the Clean Water Act to preemptively prevent the Pebble Mine Project from being built in Alaska". The release of this assessment does not say that the EPA has made any decision, in fact it does just the opposite. They are openly soliciting for public comment through July 23 in order to gather the information necessary to make a determination. Further in the article, written by Beth Shaw, a Social Worker from Georgia she says, "It seems that many of the well-heeled in Alaska and Oregon don’t want the Pebble Mine Project built close to an area they consider their personal playground, Bristol Bay, Alaska. Without concern for the native populations of the area." This is another blatant lie, as Nunamta Alukestai, BBNC and many other entities are in fact Alaska Native organizations representing We The People of Bristol Bay. recent polls show that a majority of Bristol Bay residents and Alaskans oppose the development of the Pebble project and favor natural resource preservation for Bristol Bay because it's Our home, Our subsistence and Our future.

Even the mainstream blog TheHill.com had it's pundit posting a highly inaccurate opinion on the Pebble Mine issue and totally avoiding the real issue, the survival and sustainability of Bristol Bay. Rick Manning, Communications Director for "Americans For Limited Government" and Public Affairs Chief of Staff at the U.S. Department of Labor during the George W. Bush Administration used the space to make a blatant attack on Barrack Obama's environmental record and lack of creating jobs. His points of losing jobs to environmental concerns is accurately rebutted by former Alaskan legislator Rick Halford. "Mr. Manning conveniently ignores the thousands of jobs that the mine would put at risk." wrote Mr. Halford, who also points out the thousands of wildlife and nature preservation jobs that exist in Bristol Bay. 

In addition to the supporters of former Governor Sarah Palin railing against the EPA's May 2012 actions, her successor did the same. He recently presided over a Resource Development Council luncheon (Sponsored by Pebble) that turned into a EPA bashing session. During the affair, Parnell said he might sue the agency over what he sees as the EPA's premature involvement with the proposed Pebble Mine. The Governor also had the Alaska Attorney General write a letter to EPA Administrator Lisa Jackson requesting that they halt the Bristol Bay Watershed Assessment. The State of Alaska is claiming that they alone have the authority to coordinate and oversea the permitting of development in Bristol Bay. Our Governor's office also worked hard to ensure that the Coastal Zone Management Program used by the State for gathering public input from coastal communities was shelved in 2011. There is a public initiative being brought before Alaska voters this year sponsored by The Alaska Sea Party to re-instate the CZMP and ensure that public input is gathered by the State when considering development that could affect coastal resources.

Our voices are also being ignored by our Alaska Representatives in Washington, DC promptly joined together in saying that the EPA's actions are pre-mature and unwarranted. Alaska's longest serving DC representative is Don Young, who in July of 2010 introduced legislation that would revoke the EPA's 404c Clean Water Act authority to revoke or prevent development permits. This action was taken nearly a year before the EPA even decided to do the assessment on Bristol Bay.

Our Write-In Senator, Lisa Murkowski whom received untold amounts of campaign assistance from several organizations that oppose the development of Bristol Bay as a mining district even went after EPA Administrator Lisa Jackson during last years budget hearings. Among her concerns was the EPA’s watershed assessment in Bristol Bay. “This assessment is in response to a petition from the environmental community to block the proposed Pebble Mine under the Clean Water Act” Murkowski said.

Pro-development Democratic Senator Mark Begich also came out saying that the EPA's actions were premature. As readers may recall, Senator Begich went after the EPA for 'holding up' permits needed by Royal Dutch Shell to begin offshore oil and gas exploration near and in Bristol Bay. Mr. Begich's election committee called the GreatlandPAC has accepted donations from Pebble employees and associated entities. His record in the US Senate clearly shows where he stands on this issue.

"Gov. Sean Parnell and Sen. Lisa Murkowski have said they won't trade fish for minerals. At the same time, Parnell, Murkowski and Sen. Mark Begich are skeptical of the EPA and absolutely oppose any invoking of Clean Water Act provisions to stop the mine before the state permitting process has run its course." Talk about Pre-Mature, the agency itself is named the Environmental PROTECTION Agency. Harm has already been caused to the salmon spawning areas above Bristol Bay. 













Please stay tuned for how We The People can come together and right these blatant abuses of power and protect the last great Wild Salmon stock in the world and the entire North Pacific Fishery...