Victory for traditional uses, clean water and wildlife: Judge strikes down aerial pesticide spraying permit

On March 1, 2006, the Alaska Department of Environmental Conservation (DEC) issued a permit to Klukwan, Inc. to spray a cocktail of 2 pesticides and 2 other chemicals by helicopter to kill “unwanted” alder and salmonberry in previously clearcut land owned by the Native corporation. Klukwan, Inc. planned to spray over 1,965 acres on Long Island, near Prince of Wales Island. There has been controversy over the plan since it was first proposed in 1999.  After the DEC Commissioner denied a request for an administrative hearing filed by a broad coalition of tribal, fishing, health, conservation and community interests, the Hydaburg Cooperative Association, City of Hydaburg, Central Council of the Tlingit and Haida Indian Tribes of Alaska, Organized Village of Kake, Southeast Alaska Conservation Council, and Alaska Community Action on Toxics went to court.

In April of 2007, an Alaska State Superior Court judge reversed DEC’s decision finding that “[I]t is in the social interest to have decisions adequately explained and the factual basis of a decision known to the public.  Citizens have a right to know those things so that they may have faith that government makes reasoned decisions. . . . That wasn’t done in this case.”  The court also found that DEC decision was unreasonable because it had not considered the effect of the proposed aerial spraying of pesticides on the quality of Alaska’s water as required by Alaska’s water quality standards.

One of the main concerns that brought the different parties together on the appeal was the precedent the permit would set to allow aerial spraying of chemicals near salmon streams, hunting areas, and locations used for gathering traditional foods and other resources. Buck Lindekugel, Conservation Director and staff attorney for the Southeast Alaska Conservation Council, was lead counsel for the parties in the appeal.

• “This is a great win for the Tlingit and Haida people,” said Bill Martin, President of the Central Council of the Tlingit and Haida Indian Tribes of Alaska. “It protects the customary and traditional use areas that are so important to us. It’s definitely something to celebrate!”
• “This is great news for Hydaburg,” said Anthony Christiansen, Mayor of Hydaburg and Environmental Planner for Hydaburg Cooperative Association. “People here were extremely worried about the effects of spraying these chemicals on their traditional foods.”
•  “If Klukwan, Inc. wanted to make the forest grow back faster after clearcutting, they could just go in and cut the alder,” said Mike Jackson, Natural Resource Specialist of the Organized Village of Kake. “Aerial pesticide spraying just isn’t called for anywhere in Alaska.”
•  “This is a significant decision that serves to protect the health of people, subsistence resources, and water quality,” said Pamela Miller, Executive Director of Alaska Community Action on Toxics. “Over the last six years Alaskans from around the state have been working to limit aerial spraying of pesticides and advocate for safe alternatives.”
• “We’ve said all along DEC didn’t make an honest effort to address people’s concerns about spraying pesticides from the air,” said Russell Heath, Executive Director of the Southeast Alaska Conservation Council. “All Alaskans should be heartened that the court has required DEC to go back and take a hard look at an activity that puts our clean water and other resources at such great risk.”