April 2011 Legal Brief
Dear Friend,
Trustees for Alaska works strategically to address some of the most important environmental issues affecting Alaska. We represent a wide range of clients from native villages, community and citizen groups, local and national conservation groups, statewide coalitions, hunting and fishing groups, as well as individual Alaskans. Please read on to learn more about some of our current work. Sincerely, Trish Rolfe Executive Director
Update: Ninth Circuit Decides Not to Rehear Challenge to EPA’s Delegation of NPDES Program to Alaska
In the last Trustees for Alaska Legal Brief, we discussed the ongoing challenge to EPA’s delegation of the NPDES program to Alaska. We filed a Petition for Rehearing by both the three-judge panel and an en banc panel. review is a request to En banc have 11 judges from the Ninth Circuit take another look at the case. While one of the three judges on the three-judge panel voted to rehear the case, unfortunately, the other two judges and the rest of the Ninth Circuit judges declined to rehear the case.
This is a disappointing decision and the concerns about Alaska’s ability to carry out the NPDES program and a robust enforcement program remain. Trustees for Alaska and our clients will continue to address the issues with the State’s take-over of the NPDES program.
The petitioners in the case are Akiak Native Community, Nunamta Aulukestai, Nondolton Tribal Council Curyung Tribal Council, Cook Inletkeeper, Alaska Center for the Environment, Alaska Community Action on Toxics, Center for Biological Diversity, the Center for Water Advocacy, Ekwok Tribal Council, New Stuyahok Traditional Council, and Prince William Soundkeeper.
— Vicki Clark, Legal Director
Read the entire newsletter including articles about Arctic Victory, Western Arctic Coal and The “Bridge to Nowhere”