MINING NEWS: Mining and the law: Good versus Nimby — the ultimate irony at Pebble hearings

By J.P. Tangen

Guest Columnist

Capitalism is good; its excesses are to be tolerated. Freedom of expression is good; and its excesses are likewise to be tolerated. When a successful capitalist uses his financial power to express himself, it truly represents the confluence of two very American very positive forces. When those forces are marshaled to achieve an evil objective, it is to be tolerated. As Thomas Jefferson observed, “error should be tolerated where truth is free to combat it.”

Environmentalism (with a big “E”) is an error. Generally, we are all environmentalists (with a little “e”), but there is a small outspoken number of True Believers who think that Environmentalism is more important than all other values; that we should live in trees and eat only organically grown vegetables. Ironically, they don’t think that they should live in trees, just the rest of us — hoi polloi — as it were.

I think we are all a little offended when the stars of stage and screen use their celebrity to advance a political objective. John Denver couldn’t control the urge to bring a guitar to a Congressional hearing. When Charlton Heston brandishes a flintlock or when Tom Cruise bounces on a couch for Scientology, freedom of expression seems to be a little overrated. Everyone has his (or her) own opinions and the right to express them, but it is unseemly when those who manage to get a leg up on the rest of the world conclude that their point of view deserves special attention.

So it is with Bob Gillam. Mr. Gillam is an Alaskan who has made a fortune through savvy investments, and has acquired a choice property in southwestern Alaska not far from the Pebble deposit. For the uninitiated, Pebble holds promise of being one of the largest copper and gold deposits in the world, with a published estimate of over 33 million ounces of contained gold. In brief, it has more than 10 times the potential of the Pogo mine just coming on line now near Delta Junction.

One day, it could be a big mine with lots of jobs and generate a lost of cash for the region. Local residents who have become dependent on the unreliable fishing industry would have an alternative. Modern mining is safe and environmentally sound, so there is no appreciable risk to the air, the water, the fish the wildlife or even to the culture of the area.

What is at risk, however, is the isolation. Instead of the Lake Clark area losing population, there would be a reason for folks to stay. Schools and health care facilities, as well as other relevant forms of infrastructure, would emerge over time as the affected communities would begin to prosper and become sustainable. Children who are now leaving the area could return to excellent, skilled jobs.

In Mr. Gillam’s opinion, however, this would not be a good thing, because it would be in his back yard. “Nimby,” as he is coming to be called, believes that mining should take place somewhere else, anywhere else, apparently. This is where Thomas Jefferson’s admonition comes in to play. Nimby Gillam can say what he chooses. He may testify all he likes. He may spread his money around all the shell environmental groups and lobbyists and lawyers he can find. No one is fooled. When he exaggerates the risks before the committees of the state legislature, listeners can applaud politely and then get back to business.

The mining industry and the government officials who oversee it have much greater credibility with those elected officials who have the responsibility for looking after Alaska. This is not Montana, and Nimby Gillam with all his money cannot make it so. All that needs to be done is for knowledgeable Alaskans to find their voice — to shine the light of truth on Nimby’s error.

Legislators love to hear from constituents, because constituents vote. They vote with their ballots, they vote with their political contributions and they vote with their personal messages to Juneau. While it is a good thing for Nimby to have accumulated great wealth and to promise visitors to his remote lodge that they will catch their weight in salmon every day they are in residence, it is also a good thing of the rest of us to do what needs to be done. Alaska needs to develop its resources in general and the Pebble deposit in particular. Let your representative and senator know that you agree.

J.P. Tangen has been practicing mining law in Alaska since 1975. He can be reached at [email protected] or visit his Web site at www.jptangen.com. His opinions do not necessarily reflect those of the publishers of Mining News and Petroleum News.