In a July 3 decision, the Alaska Supreme Court confirmed Superior Court Judge Douglas Blankenship’s decision concluding that the ballot initiative 07WTR3 is not an appropriation and can be placed on the ballot for the August 26 Alaska primary election.
The Supreme Court decision clears the way for the Alaska Division of Elections to begin printing the primary ballots.
Ballot Measure 4 is currently listed in the Division of Elections 2008 primary election media packet. According to the media packet the ballot measure facing Alaska voters will read:
• Ballot Measure 4 - Bill Providing For Regulation Of Water Quality (07WTR3)
• This bill imposes two water quality standards on new large scale metallic mineral mining operations in Alaska. The first standard does not allow such a mining operation to release into water a toxic pollutant that will adversely affect human health or the life cycle of salmon.
• The second standard does not allow such a mining operation to store mining wastes and tailings that could release sulfuric acid, other acids, dissolved metals or other toxic pollutants that could adversely affect water that is used by humans or by salmon. The bill defines a large scale metallic mineral mining operation to mean a metallic mineral mining operation that is in excess of 640 acres in size. The bill defines toxic pollutants to include substances that will cause death and disease in humans and fish, and includes a list of substances identified as toxic pollutants under federal law.
This summary may end up being the “definition” of the measure that future courts will use to resolve litigation.
It is unclear how the ballot measure, if passed, would impact existing mining operations. According to Bullard, “Existing operations might not be able to expand or build new facilities without becoming subject to the initiative’s provisions.”
The Supreme Court is expected to release a written opinion at a future date explaining the reasons for its decision to approve the ballot measure.
