Support Grist
Support nonprofit, independent environmental journalism.
Donate to Grist.
Soapbox

No Refuge Is an Island

Arctic Refuge drilling debate misses the big picture

By Robert L. Fischman
12 Apr 2005
Tools: print | email | discuss | write to the editor | subscribe | RSS
Sun-drenched Pelican Island in Florida is about as far from the Arctic National Wildlife Refuge as you can get in the United States. At first blush, the 5,000-acre warm marsh would seem to have little connection to the 19 million-acre stretch of mountains and tundra. But they are inextricably linked.

Click to enlarge. (Sandpiper in the arctic refuge.)
A buff-breasted sandpiper.
© Subhankar Banerjee, from his book Arctic National Wildlife Refuge: Seasons of Life and Land.
As part of the National Wildlife Refuge System, both places provide migratory birds with habitat and sustain valuable wetlands. Both play historic roles in the development of refuge-based conservation. And both help maintain the natural integrity of our continent's ecosystems.

In the controversy over whether petroleum development in the Arctic Refuge is worth the threat to habitat and wilderness, a crucial broader issue has been lost: how will drilling and development affect the 95 million-acre refuge system? Last month's Senate vote to open the Arctic Refuge to drilling puts the already-patchy network in danger of unraveling -- and it defies a protective statute Congress enacted just eight years ago.

Most people, when they imagine land that is wildly beautiful or teeming with animals, don't think of wildlife refuges. Their thoughts might turn instead to places like the Grand Canyon, Yellowstone, Denali, or the Everglades -- all national parks. Yet the National Wildlife Refuge System is an even larger, more diverse network of public lands, whose primary mission is protection of nature.

A little over 100 years ago, Teddy Roosevelt signed an order protecting Pelican Island as the first of these nature sanctuaries. At the time, a zoo-like vision of conservation prevailed, seeking protection of isolated wildlife enclaves. In the years since, the system has evolved from a jumble of unrelated preserves into an integrated web of habitat for protecting nature on a continental scale. For instance, beginning in the 1930s, the federal government began establishing refuges along flyways to sustain billions of migrating birds. By the 1990s, scientists understood the need to protect an interconnected network of healthy habitats. The refuges now host more than 250 imperiled species and 1.7 million acres of protected wetlands.

Click to enlarge. (Tracks in the arctic refuge.)
Ptarmigan tracks in the Okpilak River valley.
© Subhankar Banerjee, from his book Arctic National Wildlife Refuge: Seasons of Life and Land.
Eight years ago, Congress boosted the leadership role of this remarkable system in scientific nature protection: it charged the National Wildlife Refuge System with the goal of conserving healthy populations of plants and animals. The 1997 statute requires management that maintains "biological integrity, diversity, and environmental health." This is, by far, the closest any federal public-land law has come to mandating ecological sustainability.

The great contemporary challenge for the refuge system became orchestrating scattered preserves for the goal of large-scale ecological protection. This is no easy task. But Congress sought to simplify that challenge by establishing a hierarchy of acceptable uses. Under the statute, which is implemented by the Department of the Interior, recreational uses must be compatible with the refuge system goals. And commercial development must be more than compatible; it must make affirmative contributions to the conservation mission. Otherwise, the risks that economic uses of individual refuges pose to the system could not be justified.

Now Congress is set to undermine the comprehensive framework for managing the refuge system that it established just eight years ago, and to establish a precedent for further damage to that statute.

For nearly a generation, the question of leasing oil in the Arctic Refuge has been a hardy perennial, sprouting regularly in proposed legislation. But to frame the debate solely in fiscal terms, or even in terms of allowable harm to this specific refuge, misses the mark. It turns the clock back to the days when we thought we could protect nature by saving isolated fragments.

Instead, drilling proponents ought to explain how petroleum development advances the conservation mission of the refuge system as a whole -- or why the Arctic Refuge does not belong in this vital patchwork of environmental protection. To do less threatens not only this Alaskan landscape, but the entire system, and its historic contributions to the conservation gains of the past century.

Tools: print | email | discuss | write to the editor | subscribe | RSS
Robert L. Fischman is a professor of law at Indiana University-Bloomington and author of The National Wildlife Refuges: Coordinating a Conservation System through Law.
< Previous | Next >
Comments: (7 comments)

You are not logged in. Thus, you cannot post a comment. If you have a Gristmill account, log in below. If you don't have a Gristmill account, well, by all means go make one! Meet you back here in five.

Username: Password:

Forgot your password? Enter your username and click:

No Refuge Is an Island

Although I agree with Professor Fischman that the whole national wildlife refuge is in danger. I believe there is another important big picture item that should be mentioned. The refuges are linked together and provide a web which provides essential habitat for various animals, migratory birds and plants. However, we humans are also connected  to this web and our survival is directly dependent on the health of these ecosystems. I become very anxious when enviornmentalist talk about how pretty and pristine an area is, and how we need to protect these areas for the plants and animals. I think it is time to educate the general population that our survival as a species is dependent on clean air, water, land and intact ecosystems. If all the plants and animals die, what are we going to eat?

Oil and Refuges don't mix

A great point! Rep. Markey (D-MA) and the Defenders of Wildlife tried to highlight this point back in 2001. Almost half of wildlife refuges have oil potential. You can check out their work and the Governament Accountability Office (GAO) report that started it all here:
http://www.house.gov/markey/anwr01-02.htm (near the bottom of the page)
Is the wildlife refuge nearest you on the list?

For the real wonks among you, GAO did a follow-up report in 2003 that outlined some of the major problems with oil and gas production on wildife refuges. It's here:
www.gao.gov/new.items/d03517.pdf


Wildlife refuges

Would like to share this story:

When I was a child growing up in South Texas my grandmother taught me about birds. We lived out in the country, in the flat, almost treeless coastal plains. Palm trees and salt cedar and a few live oak trees surrounded our old farmhouse. It must have seemed like an oasis for the birds. Especially when the sprinkler was o­n in the yard!

We were also o­n a major migratory route. My childhood years were marked by the passages of austere northern geese and clouds of raucous bright yellow Mexican parakeets and by the annual whooping crane count at the Aransas Wildlife Refuge which was a special love of my grandmother's.

The birds accompanied my days. They were never far away. They sang me awake in the cool sweet dawn, they shared the secrets of the tamarack and live oak trees where I sought shelter from the humid heat and the family squabbles, they played with me at the beach - the funny little sandpipers, the greedy gulls, the ponderous pelicans. Part of me would lift up and fly whenever they passed over and my grandmother was always pointing out this or that - look at the cardinal, you o­nly see them in January, or they o­nly eat this kind of seed . . . .

My grandmother lived until she was 102 years old. She spent a lot of time those last years o­n her patio, hanging out with her beloved birds. I have always felt the birds with me as I traveled through my life, far far from South Texas; my friends, my uplifting and tender companions.

Not long ago I went to visit my grandson who was almost two and I found we had something in common. His first word had been "bird" and he couldn't wait to show me the birds. Living in an air conditioned place in the city, he didn't get outside too much but he had a big window in his room and guess what he watched out the window? He loved the birds. He was intrigued by them. I found myself saying the things I remembered my grandmother saying, telling him little things about the mockingbirds and the hummingbirds and the blue jays we saw. O­ne day when we were outside I found a mockingbird feather and held it up to him. His eyes got big. He reached out o­ne chubby little finger very tentatively and when his finger touched the feather he shivered intensely all over and pulled his finger back as if he'd been shocked. He looked at me amazed.

Yeah, Carlos, bird.

I know he won't forget . . . . his first flying lesson

Rebecca Swan is the creator of Wildflower Stew
http://www.wildflowerstew.org
swan@wildflowerstew.org

"Us nature mystics got to stick together." - Edward Abbey www.wildflowerstew.org/mag/

Congress can allow drilling virtually anywhere!

While I'm vehemently opposed to drilling in ANWR (I live in AK and work for a national land-managing agency), I'm not sure Robert Fischman's premise is valid.  He seems to be arguing that opening up the "1002" area of ANWR creates a new, negative precedent for all national wildlife refuges.  This isn't really the case.

ANWR was created by an Act of Congress.  Congress also does things like create national parks and designated wilderness.  Anything Congress does, it can undo.  It can authorize oil and gas drilling on federal lands virtually anywhere in the country if it wants to.  This would include other national wildlife refuges and even national parks.  No, it wouldn't be politically easy for Congress to allow drilling in parks, but it could be done, legally, by de-authorizing the park or by making drilling an excepted use within the park.

Congress has not yet authorized drilling in ANWR.  But the prospect of this has been around since before 1980, when the law that created ANWR and many other federal protected areas in Alaska was passed. That law was ANILCA, and it instructed the Department of the Interior to study the oil and gas potential of the so-called Section 1002 area of ANWR.  ANILCA also said that new Congressional action would be needed before oil and gas development would actually be allowed.  That is what is being debated now.

So, does the current debate create a legal precedent for drilling elsewhere?  I'd say not, especially for federally-protected areas that do not have ANILCA-like language in the statutes that created them.  The vote on ANWR would only undermine protection for other refuges or parks if Congress explicitly added these areas to the drilling approval bill.  Meanwhile, courts could not rely on Congress's ANWR decision to allow drilling elsewhere.

National parks, wilderness, and wildlife refuges are Congressional constructs.  It's not a precedent in the legal sense of the term when Congress changes its own laws.  In this case, it's still a bad idea, however.

no island is a refuge

seems like our current administrations goal is to promote the destruction of our enviroment for the sake of immediate gains and the hell to everything after that. one word: greed. I suggest that all trees should be cut down as soon as possible so there won't be anymore strife. equally, all coastal areas should be opened for oil/gas exploration so our energy needs will be slated for the years to come and be able to quench the thirst of all our big vehicles. Yes, Yes, Yes, let us drive ourselves to extinction, the sooner, the better!!!!!!!!!!!!!!!!!!!

All enemies..foreign and domestic...

As a former Alaskan, the refuge represents the crux of the age old battle of preservation of wild vs preservation of wealth.  And, as a rabid environmenatlist and animal rights advocate I am obviously all for protecting this resource.  However, I would actually be FOR drilling in the refuge, if it was truly necessary:

  • If Americans were all driving 3 cylinder vehicles, and using them only for necessary purposes.
  • If all of the World's oil was gone and this was the only source for America.
  • If oil was $6 per gallon and taxes could be levied to purchase/allocate substantial wildlands from logging/further destruction.

Obviously none of these are true.  I will not stand for drilling so that soccer moms and divorce dads can cruise around in a Denali (ironic) or Yukon (ironic).  I will not watch my wilderness dissappear so 17 year old kids can drive loops around town all summer; or so that Americans can save money on gas to spend on french fries and snickers bars.

Trust me - not all Alaskans want drilling in ANWR.  I wa sone of the few who did not even file for our PFD, as I refuse to be bought out by the state aka oil industry.

Scott

Check History of Drilling in Alaska - Prudhoe Bay

I've just learned that in the '60s - '70s they gave some of the same arguments for drilling in Prudhoe Bay.  And did you know the oil pumped out of there does NOT go to America?  It does NOT lower our dependence on imported oil.  Nor does it make that oil cheaper.  That's right - it is pumped from public land for next to nothing, and sold to the highest bidder.  The only return we get is... oil spills.  So how does it benefit America?  

5/13/05
The Associated Press

ANCHORAGE -- About 1.4 million cubic feet of natural gas and an unknown quantity of crude oil spilled yesterday at a Prudhoe Bay drilling site operated by BP Exploration (Alaska), state environmental regulators said.

You are not logged in. Thus, you cannot post a comment. If you have a Gristmill account, log in below. If you don't have a Gristmill account, well, by all means go make one! Meet you back here in five.

Username: Password:

Forgot your password? Enter your username and click:

The comments of Grist users reflect the opinions of those individuals only, and do not necessarily reflect the viewpoints of Grist, its staff, its board members, their psychotherapists, or their aestheticians. Got it?


Also in Grist

The Week's Most Popular
From the Archives
Quitters Never Win, by Martin S. Kaplan. Civil-rights, suffrage activists didn't give up, and neither should environmentalists.
Emission Creep, by Daphne Wysham. Critics question World Bank's role as carbon trader, fossil-fuel funder.
An Immodest Proposal, by J. D. Smith. How a little blue pill could get big results -- in species conservation, we mean.

ADVERTISING POLICY


About Grist | Support Grist | Jobs Board | Archives | Grist by Email | RSS | Podcasts
Gristmill Blog | In the News | Ask Umbra® | Muckraker | Victual Reality | 'Tis the Season | The Grist List | The Bottom Line



Grist: Environmental News and Commentary
a beacon in the smog (tm) ©2007. Grist Magazine, Inc. All rights reserved. Gloom and doom with a sense of humor®.
Webmaster | Privacy Policy | Terms of Service | Trademarks