November’s ballot measure number 4 aims to protect Bristol Bay wild salmon and waters by implementing an additional step by legislature before large-scale metallic sulfide mine permits are issued.
Mike Heatwole with the Pebble Partnership explained how passing ballot measure 4 would affect the permitting process.
Heatwole: “There’s a real question, should it pass, about the constitutionality under what’s called the separation of powers doctrine between the branches of government, and our system of course the legislature deliberates and passes the laws, the executive branch then administers as governed by the legislature, and the judicial reviews those laws for their legality and constitutionality and what ballot measure 4 essentially does is give the legislature another pass or bite at the apple in this process.”
He said there was already contention even getting measure 4 on the ballot.
Heatwole: “One of the justices was really struggling with that very issue of the separation of powers so that’s sort of the long winded answer to say that should it pass, we’d likely see some sort of challenge to that on constitutional grounds and there’s probably a pretty strong case there.”
Heatwole added that even if it passes the Pebble Partnership will continue to work getting the proposed mine permitted.
Proponents of ballot measure 4 counter that an additional step in the permitting of large scale metallic sulfide mines is needed in order to protect the fisheries which are valued at roughly $1.5 billion, and generate between $318 and $573 million per year in economic impact.