Judge rules for Point Mac rail, again

MAT-SU — A federal judge ruled last week in favor of Port Mackenzie rail extension project, rejecting claims that the Alaska Railroad’s assessment of impacted wetlands was not conducted properly.

A non-profit group called Cook Inletkeeper filed the lawsuit stating the U.S. Army Corps of Engineers should not have granted a permit for construction along a portion of the route that goes across functioning wetlands. The group complained the Corps was too quick to approve environmental impact studies conducted by the railroad, which they believe to be flawed, and said the Corps failed to address criticisms by the Environmental Protection Agency and other groups.

This is the fifth time a judge has ruled in favor of the railroad project, said Mat-Su Borough Public Affairs Director Patty Sullivan. “This has been going on for a while. They’ve lost every time they’ve challenged the project, including appeals.”

The rail extension involves 32 miles of new railroad line from Port Mackenzie to main line of the Alaska Railroad near the highway just south of Houston. The line will ultimately provide better rail transportation between the port and Interior Alaska, allowing for the movement of coal, lumber and other raw materials.

“It’s infrastructure,” Sullivan said. “And with that comes economic development.”

At issue were two impact studies conducted by the railroad, in 2008 and 2010. The two studies differed in the amount of high-functioning wetlands that would by impacted by the line. It was on the basis of the 2010 study that the Corps of Engineers issued the permit.

Inletkeeper argued the 2010 study contradicted the “overwhelming record evidence” of the 2008 study, which indicated a very high quality of wetlands in the area of the proposed line. That study found 87 percent to 99 percent of the affected area was high functioning wetlands.

The 2010 study determined that only six-tenths of one acre of the 95.8 acres to be filled was high-functioning wetlands. The vast majority — 71.8 acres — was determined to be “moderate to low functioning.”

The difference hedged on a re-defining of the criteria used for the functional assessment.

The railroad argued that the traditional “Magee-Hollands” method of wetland assessment did not “fit well with Alaska conditions.” They eliminated two criteria — water quality and and wetland plant diversity — because, they said, those criteria were designed to evaluate non-tidal wetlands in New England rather than Alaska terrain, which has seasonal flooding and more diversewetland plant types.

Sullivan explained, by the time the railroad conducted the 2010 study, the path of the 32-mile link had been better determined. “Initially, there were multiple routes that were considered,” she said, “and those were all factored into the (2008) study. By the 2010 study, they’d narrowed it down and were able to base the study on areas they’d chosen specifically because of their low impact on wetlands areas. So of course it’s going to be a much smaller number.”

According to the Summary Judgment from U.S. District Judge Ralph Beistline, the court found the railroad’s responses to the criticisms to be “clear and comprehensive,” and therefore ruled in favor of the Corps. The railroad and borough are intervenors in the case.

Bob Shavelson, executive director of Cook Inletkeeper, said Monday that the organization had not yet made a decision whether to move forward on the court decision. However, he said he was very disappointed in the decision.

“What they’re building,” he said, “is essentially a 32-mile dam that’s going to affect the habitat there. You can put in culverts and what-not, but when you put in that much fill there’s no way it’s not going to affect the salmon habitat there.”

Shavelson said he believes the railway extension is not financially viable, and said the project will ultimately saddle borough taxpayers with increasing debt.

“The Mat-Su Borough is not paying attention to salmon habitat,” he said. “They’re not doing a good job protecting the taxpayers, and they’re not doing a good job protecting the salmon.”

Sullivan said it’s a reach to call something a dam that has eight bridges, 100 plus culverts, and crossings for wildlife.

“The Alaska Legislature just honored one of our volunteer commissions for their dedication to salmon. That respect for salmon, runs through the Borough Assembly,” she said.