Anchorage -- Today Senate President Drue Pearce (R-Anchorage) released a legal opinion prepared by a top Washington D.C./Alaska law firm responding to statewide concerns that the Clinton Administration is preparing to declare the Arctic National Wildlife Refuge (ANWR) a national monument. The opinion concludes that any such unilateral act by the President would violate the Alaska National Interest Lands Conservation Act (ANILCA).

"Many individuals and organizations across the state have contacted me to voice their concerns that some action by the Administration is imminent," said Pearce. "I felt it was my obligation as Senate President to initiate a review of the relevant statutes and case law and prepare for a legal challenge to any action threatening Alaska's interests."

Pearce is not alone in her concern. "ANWR's fate remains one of the preeminent issues facing Alaska," said House Speaker Brian Porter (R-Anchorage). "An overwhelming majority of the Legislature, the Governor and Alaskans are united in their belief that the coastal plain should not and may not be designated as a national monument by Presidential fiat."

Many people in Alaska and across the country believe that President Clinton or Vice President Al Gore, if he were to be elected President, have succumbed to extreme pressure from environmental groups and will make the designation under the Antiquities Act of 1906. President Clinton has exercised this unilateral power several times in the past to withdraw federal lands from any type of development.

"Our country is facing a dramatic rise in gas and home heating oil prices as we enter the winter months," said Senator Pearce. "This increases our dependency on foreign oil and subjects us to the whims of OPEC. It is inconceivable to me that the President's Administration would even consider restricting development from one of the most prospective sources of oil in the country - oil that can be developed responsibly and which will ease the nation's fuel burden."

In 1980 ANILCA was enacted. This comprehensive legislation requires Congressional approval for any further withdrawals of land in Alaska. "The legislative history and the specific language of ANILCA are clear - any unilateral effort by the President to impose monument status on the coastal plain of ANWR would be illegal," said Pearce. "The 'no more' clause, found in section 1326 of ANILCA, specifically states that there can be no further withdrawals of lands in Alaska for a duration of more than one year unless approved by Congress."

ANWR has long been the subject of a persistent, national media campaign by environmental organizations who vehemently oppose any development of ANWR's coastal plain despite the fact that this area composes only eight percent of the reserve's 19 million acres. In fact, advances in oil development technology would impact less than 2000 acres of the reserve.

"Many people are either unaware or choose to ignore the fact that the coastal plain of ANWR was set aside for potential oil and gas development," said Cam Toohey of Arctic Power, a grassroots organization dedicated to the responsible development of ANWR's vast oil and natural gas reserves. "My fear is that President Clinton is bowing to the will of national environmental groups to unilaterally violate federal law as well as to disregard irrefutable evidence that current oil production technologies will not negatively effect the reserve or the Porcupine Caribou Herd."

"The technology available to oil companies today means that not one square foot of tundra will be disturbed by exploration efforts used to determine what oil and gas resources exist on the coastal plain," said Speaker Porter. "If exploration yields to development, today's production advances would only leave a small footprint in terms of regional impact. An example of such a footprint can be found at Phillip's Alpine oil field where only 97 acres of surface land is needed to produce oil from a 40,000 acre oil field - that is just two-tenths of one-percent."

Though President Clinton has not declared his intent regarding ANWR, establishing the region as a national monument has been a goal of environmentalists and some members of Congress. Several sources also report that Department of the Interior and Trustees for Alaska have written legal memoranda to support designating ANWR a national monument.

"Their best -- worst legal argument is that the "no more" clause of ANILCA is unconstitutional because it violates the doctrine of separation of powers between the Executive and Congressional branches of our federal government," said Pearce. "I say 'best' because our legal experts believe this is the strongest case these organizations can make. I say 'worst' because our experts believe that this argument lacks legal merit and will fail in court."

Broadcasters note: Audio comments are available on the Majority Actuality line, 1-800-478-6540
= Drue Pearce, 71 K = Brian Porter, 152 K

Attachments:

• Legislature's letters to Alaska's Congressional Delegation
  Stevens · Murkowski · Young
  requires Adobe Acrobat Reader - very large files - 1.3 to 3.7 megs.
• Legislature's two page summary of their legal brief.
  requires Adobe Acrobat Reader - 10 K
• Legislature's complete 19 page legal brief
  requires Adobe Acrobat Reader - 75 K
• Trustees for Alaska 5 page summary of their legal brief.
  requires Adobe Acrobat Reader - 20 K
• Press Conference Talking Points.
  requires Adobe Acrobat Reader - 8 K

Web Resources:

• Arctic Power Web Site
• Resource Development Council Web Site and Issue Papers
• The Arctic National WildLife Refuge
  A comprehensive web site presenting a broad overview and many different viewpoints.
• Northern Alaska Environmental Center Web Site
• City of Kaktovik ANWR Poll Results
• Alaska Native Claims Settlement Act
• Alaska National Interest Lands Conservation Act
• Federal Land Policy and Management Act
• Federal Antiquities Act