In the remote north-eastern corner of Alaska, just under 20-million acres have been set aside as a federal protected area since 1960. The Arctic National Wildlife Refuge has recently come under threat, however, with President Donald Trump’s Department of the Interior proposing lifting restrictions on seismic exploration.

The Arctic National Wildlife Refuge coastal plain has been described as America’s Serengeti, and is the year-round or migratory home to numerous species that are uniquely adapted to the conditions found within this rare expanse of undeveloped wilderness along the Arctic Ocean.

Over tens of thousands of years, both the Porcupine Caribou herd and the Gwich’in people have come to depend on the integrity of that coastal plain for their survival.

“The Gwich'in call this area ‘Iizhik Gwats'an Gwandaii Goodlit,’ the Sacred Place Where Life Begins,” explained Vuntut Gwich’in Councillor Dana Tizya-Tramm via email.

“It is a keystone in the ecosystems of the Arctic, and the heart that beats outside of the Gwich'in chest.”

Oil and gas lobbyists have had the Refuge in their sights from the outset. For decades now, for every push to open up the wildlife refuge to oil and gas development, multiple generations of Gwich’in have stood up to protect the land and the herd that has sustained their way of life.

Disturbance to the landscape can upset a delicate balance between the wildlife that makes its home on the coastal plain.

Brooks Range mountains tower behind lush arctic tundra in Yukon's north slope region. Photo: Matt Jacques | DeSmog Canada

“In a miracle of phenology [the interaction of climate, habitat and plant/animal cycles], Porcupine caribou cows arrive at the coastal plain just as the first flush of spring growth provides a burst of nutrients to them, just as they all deliver their calves at once,” said Yukon Conservation Society energy analyst Sebastian Jones in an emailed response to questions from DeSmog Canada.

“In the first few critical days of a caribou calf’s life, predation is the main hazard. Until they have found their legs, they are easy prey to wolves and bears.”

To the west of the Arctic Refuge, high levels of industrial activity are already taking place, and to the south and east of the narrow coastal plain area where the caribou calving takes place, steep mountain ranges mean less nutrients and more predators.

“There is simply nowhere else suitable for the caribou to go,” said Jones.

Exploration Freeze Beginning to Thaw Under Trump

There have been numerous victories and setbacks in what has been a sustained effort over that time, but for many, any sense of relief or optimism brought about by President Obama’s 2016 move to freeze arctic oil and gas exploration in the Arctic has now vanished.

President Trump’s 2018 Budget includes instructions to the Senate Committee on Energy and Natural Resources to raise an additional $1B over ten years. Alaska Senator Lisa Murkowski — Chair of the Committee — has used the opportunity to champion a renewed push to open the coastal plain to oil and gas exploration. Earlier this month Murkowski introduced legislation that would give a green light to exploration in the Refuge. Republicans have now taken Murkowski’s bill and folded it into their tax reform bill.

“There is palpable concern among the quiet people of our community of 250 people,” said Tizya-Tramm.

“I've even had children as young as 8 years old ask why this is happening and if we can talk with the President, and what they can do. It is hard to see the sincere concern in our youth’s eyes. I encourage them and tell them that we will beat this, as we must.”

Jones said that since the current proposal is exploratory in nature, the true scope and scale of potential activity in the area remains to be seen.

“It depends on what they find. If the feverish dreams of the oil men come true, it will be another Prudhoe Bay — decades of drilling, all-season roads, pipelines, and oil spills.”

For the Gwich’in, Tizya-Tramm says the development would mirror the expected impact on the caribou herd.

“Our entire existence will dwindle with any presence in their calving grounds, period.”

#Trump Eyes #Arctic Wildlife Refuge for #Oil Drilling, Alarming Gwich’in https://t.co/YPUnR7fUHy #ANWR #Arctic #WildlifeConservation @MattJacques

— DeSmog Canada (@DeSmogCanada) November 22, 2017

‘Delicate like Fine China’

“People need to understand just how delicate this area is,” says Tizya-Tramm.  

“Traditionally we stayed out of the Coastal Plains altogether. Tundra is a very sensitive and even seismic testing will scar the land with permanent trails. These caribou have been seen to purposefully stay far away from a soup can laying on the ground. Caribou populations have fallen exponentially in Alberta and other regions where there is development.”

Arctic cottongrass, mosses, other plants and lichens vital to the Porcupine Caribou can take decades to recover from industrial damage, sometimes taking decades to return.

“The picture that arises here, and well known to our people, is that nature is a fine-tuned system. And up in one of the harshest regions in the world, it is especially delicate like fine china. We cannot limit the options of animals that exist in the narrow opportunities afforded to them, especially one of the healthiest remaining herd of caribou left,” explains Tizya-Tramm

Murkowski and supporters have pitched fossil fuel exploration in the area as a quick solution to the American budget deficit, presenting minimal impacts within the coastal plain calving grounds of the Porcupine Caribou.

Murkowski tweeted in November in defense of changes in oil and gas development since ANWR was established.

The size of development pads has decreased by nearly 80% since the 1970s. New technologies have expanded the subsurface reach of the newest rigs by 4,000% over the same period. Many exploration wells are now built using ice roads and ice pads—leaving no impact to the tundra.

— Sen. Lisa Murkowski (@lisamurkowski) November 15, 2017

“Many exploration wells are now built using ice roads and ice pads — leaving no impact to the tundra,” she wrote. 

Jones dismisses any notion of low-impact exploration or development in the area.

“This exploration is supposed to be restricted to winter on ice/snow roads and drill pads; here are multiple problems with this,” he says. “Drill rigs are massive and require multiple large loads, in turn requiring very robust roads. It is not a trivial exercise building ice roads on the tundra sufficient to deploy an oil rig. In recent years, consistent with global warming, it has become less common to have adequate snow to build winter roads, so it may not even be possible.”

Gwich’in Gearing Up for a Fight

While the momentum to open up the Arctic Refuge to development seems to be gaining, Gwich’in and supporters have been stepping up their activity as well.

The Yukon Branch of the Canadian Parks and Wilderness Society has launched a nationwide petition, lobbying Prime Minister Trudeau to speak up against development in the Arctic Refuge.

A delegation of Gwich’in and other Canadian officials, including Yukon MP Larry Bagnell travelled to Washington, DC earlier this month in the hopes of influencing senate votes on the issue. Upon returning, Bagnell spoke about the trip and raised the issue in the House of Commons.

For Tizya-Tramm and Gwich’in in both Canada and Alaska, the battle has been all-consuming.

“I have been working late into the night and weekends for over a month now simply trying to keep pace,” Tizta-Tramm said.

“This is a time to call upon all of our people and the strong partnerships we have forged over the years.”

The Gwich'in Steering Committee held emergency meetings in Fairbanks earlier in November that brought together tribal leadership, Elders, and community members.

“There we once again came together seeking guidance and unity. To be of one mind, one heart, so that we may speak with one voice.”

Image: Porcupine Caribou crossing the Blow River in north-western Yukon. Photo: Matt Jacques | DeSmog Canada

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Southeast Alaskans, anxious about B.C.'s mining boom along the Alaskan border, are pinning their hopes for stronger mine management on a treaty that dates back more than a century.

The International Joint Commission (IJC), operating under the Boundary Waters Treaty since 1909, is a body with six appointed members —three from Canada and three from the U.S. — used to resolve water or air conflicts between the two countries.

However, although the commission appears to be tailor-made to deal with the concern over B.C. mines in the headwaters of Southeast Alaska’s most important salmon rivers, politicians on both side of the border appear reluctant to hand over responsibility to a commission whose recommendations remain entirely independent of either party.

B.C. is seen as the major stumbling block, but the U.S. State Department is also hesitating, despite appeals to Secretary of State John Kerry from municipalities, First Nations, fishing organizations and tourism groups requesting the IJC's involvement.

In response to questions from DeSmog Canada, a State Department spokeswoman said the Mount Polley mine investigation is being watched closely and the State Department remains concerned about the potential effects of B.C. mines on the people of Alaska, but she encouraged B.C. and Alaska to increase cooperation and communication on transboundary mines rather than count on an IJC ruling.

“We have highlighted our concerns with the governments of Canada and B.C. at senior levels in government-to-government channels and do not anticipate referring this issue to the International Joint Commission at this time,” she said.

Alaska 'A Full Step Away' From Escalating Issue to Joint Commission: Lt. Governor

Alaska Lt. Gov. Byron Mallott, who recently travelled to B.C. to meet with Energy and Mines Minister Bill Bennett, said that discussions are continuing between Alaska and B.C. and he is not yet sure whether there will be a role for the IJC.

“Whether or not it is appropriate or timely that the IJC be invoked will be determined by the course of events,” Mallott said.

“To me, we are at least a full step away from that.”

If B.C. and Alaska forge a positive, transparent relationship, with sufficient oversight and cross-boundary input to safeguard Alaska’s interests, there may not be a need to seek help from the IJC, he said.

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“It is important that Alaska and B.C. and the interests on both sides of the border be able to take this as far as possible,” he said, adding that, during his visit, he did not see a strong federal presence on mining issues in B.C.

The state’s congressional delegation is keeping in contact with the State Department on a possible role for the IJC, Mallott said.

Last year, Senator Lisa Murkowski, former senator Mark Begich and Congressman Don Young wrote to John Kerry asking him to raise the problem with his Canadian counterparts.

“Water quality is an extremely important issue for Alaskans. Accordingly, we ask you and other officials from the Department of State to raise these concerns with the governments of Canada and B.C.,” the letter says.

Energy and Mines Minister Bill Bennett has not responded to a DeSmog Canada interview request, but, in statements to media after his meeting with Mallott, he acknowledged Alaska’s “legitimate concerns” and said the discussions were a good foundation for a possible memorandum of understanding with the state.

B.C. Permitting Process Doesn’t Address Cumulative Impacts

The MOU could be similar to the arrangement with Montana, covering the Flathead River, where water testing is done at the border, he suggested.

However, the idea of an MOU does not sit well with grassroots groups pushing for a referral to the IJC.

MOUs are largely focused on information sharing and do not provide enforceable protections for downstream resources, said Chris Zimmer of Rivers Without Borders.

“Bennett’s offer for greater involvement in the B.C. permitting process is simply inadequate to address our concerns and is a sign that B.C. is not taking our concerns seriously,” Zimmer said.

“The B.C. permitting process, no matter how well it is carried out, is simply not designed to address long-term impacts from multiple mines, across a broad landscape, over the long term.”

It is always a difficult decision for politicians to ask for outside help, said David LaRoche, who served as executive secretary to the U.S. side of the commission from 1979 to 1996 and has since worked on transboundary watershed issues.

“Each country takes a leap of faith when it relies on something outside the established mechanism to have the issue addressed,” he said.

All Parties Need to Agree to Refer Case to International Joint Commission

Ideally, if the IJC is to be involved, there should be agreement from B.C., Canada, Alaska and the U.S.

“Under the treaty it is possible for one country to ask the commission to undertake a study, but it has never happened and the chances are close to zero as it would have no value because it would immediately be seen as biased by the country that did not ask,” LaRoche said.

Historically, both countries ask for a reference and agree on the specifics they want the IJC to study.

“If a province or state were to object it would be highly unlikely that a letter of reference would be sent. Unless B.C. is agreeable, this one won’t unfold,” LaRoche said.

Those campaigning for the commission’s involvement point to article four of the treaty, which says “waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.”

Two B.C. Tailings Dams Expected to Fail Every 10 Years

So far, none of the new mines in northwest B.C. have polluted rivers, but there is a grating awareness of the possibility of a Mount Polley-type accident, something which was underlined by the report from the independent panel looking into the failure of the tailings pond dam, which found, under current regulations, two B.C. dams would be expected to fail every 10 years.

It is a statistic that shocked observers on both sides of the border and led to ramped up calls for a referral to the IJC.

Even though findings by the commission are not binding on either party, the recommendations carry a hefty dose of moral suasion and public clout, especially as conclusions are usually reached by consensus.

In 1984, after complaints by B.C., the IJC gave the thumbs-down to construction of a dam on the Skagit River that would have flooded parts of B.C. and in 1985, after U.S. complaints, the IJC recommended against an open pit coalmine in B.C.’s Flathead Valley until the impact on fisheries could be eliminated.

NDP energy and mines spokesman Norm Macdonald said the core issue, in the wake of the systemic failures pointed out by the Mount Polley report, is the need for the province to enforce environmental rules and standards, putting public safety ahead of economics, rather than cutting essential staff and accepting huge donations from the mining industry.

“Whatever tool you use, it has to be something where there is no tolerance for failure,” Macdonald said.

“We don’t tolerate elevators or bridges falling down and we have to take the same attitude to these facilities.”

Photo: www.sacbee.com

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