Parnell is right to protect Alaskans in debate over mine safety

The Environmental Protection Agency is now part of an Alaska Environmental Crimes Task Force that is armed to the hilt to investigate “environmental crimes” by Alaska miners. Apparently, a dirty water discharge has now risen to the level of a threat of the use of deadly force made against the offending miner.

Miners in Chicken were surprised during late August by groups comprising four to eight armed EPA agents carrying Glock .40-claiber Smith & Wesson sidearms in full battle rattle with signs in big letters loudly proclaiming “POLICE” who stormed into several mines near Chicken in a full-out assault to — take water samples.

The EPA’s mission was to take water samples to see if the miners were in compliance with Section 404 of the Clean Water Act, something that in past years was done by one or two unarmed state of Alaska DEC personnel, along with a representative of the EPA, without rancor.

Section 404 concerns the mine’s discharge water turbidity (particulate in the water column, silt).

If the situation were not so serious, and the threat to the miners so real, this could almost be laughed off as a joke. However, water quality technicians armed and in full battle rattle is not a joke. This event marks a new level of federal oversight on Alaska’s federal lands, lands that the management of were supposed to be the responsibility of the state of Alaska under the terms of Alaska’s Statehood Compact. This event is an outrage and sets an extremely dangerous precedent for future regulation activities by the various federal agencies in Alaska.

Why were they there?

In a conference call with state officials, including members of Alaska’s congressional delegation, the EPA stated it had received information from Alaska State Troopers that there was rampant drug and human trafficking in Chicken. Now, that is funny.

Sen. Lisa Murkowski opined that the situation was made up to allow the EPA (and DEC) to act as they did.

The AST spokesperson Megan Peters basically denied the EPA’s allegations as to receiving any information from the troopers regarding anything happening in Chicken.

A member of the Alaska DEC was along to intimidate the locals in Chicken. The DEC agent was armed. Now DEC personnel are armed?

After investigating the incident, Gov. Sean Parnell issued a press release expressing his outrage over the “intimidation and needless show of force by federal and state officials. In his Sept. 5 press release, an outraged Gov. Sean Parnell calls for a special counsel to investigate the actions of the EPA and the DEC in using armed agents to take water samples.

No violations of Section 404 of the Clean Water Act were found, and no arrests were made. Governor Parnell stated: “With a mere last-minute notification to our DEC commissioner, Alaska’s attorney general and the Department of Public Safety, the EPA, BLM and a DEC investigator took it upon themselves to swoop in on unsuspecting miners in remote Alaska. This level of intrusion and intimidation of Alaskans is absolutely unacceptable. I will not tolerate any state agency’s participation in this sort of reckless conduct. There are many unanswered questions and I will seek a special counsel to get to the bottom of this matter and work to ensure it never happens again.”

The governor’s reaction is refreshing and appropriate. DEC’s commissioner may be in hot water.

The only police agency that should have had any armed presence in a law enforcement action in the state is the Alaska State Troopers or a state military police constabulary acting under AS 26.05.070. The AST and a state military police constabulary acting under AS 26.05.070 have law enforcement jurisdiction statewide.

An EPA water quality technician, armed or not, is hardly charged to “enforce and preserve the public peace,” as outlined in the statute.

Chicken is a historic mining town off the Taylor Highway, has a resident population of 17 that grows to several dozen seasonally with the mining season. The mines are accessible by road, giving easy access for the federal EPA in order to take water samples.

Had this been a “raid” conducted at off-road, remote mines, there is a likelihood they would have been met with armed resistance, as many mines maintain arms for predators — both two-legged and four.

The Alaska Environmental Crimes Task Force is made up of members of Alaska State Troopers, EPA, FBI, Coast Guard, Department of Defense and Alaska Department of Environmental Conservation.

Governor Parnell has decided it is time to protect Alaska’s sovereignty and Alaskans from a Washington, D.C., mentality that clearly believes in using overwhelming armed force and intimidation rather than a rule of law and due process.

Larry Wood is a 57-year resident of Alaska and businessman who is “Butte Trash” since 1961 and proud of it.