09/03/2026
Clean Water Act permit suspended for Izembek Wilderness road construction!
The fight to keep the Izembek Wilderness wild continues!
As we shared with you recently, on August 18 U.S. Federal District Judge Sharon Gleason vacated the Trump administration’s illegal land exchange to transfer public lands within the Izembek National Wildlife Refuge and Wilderness to King Cove Corporation (KCC). This land exchange, done behind closed doors with zero public involvement, would have allowed the construction of a road through the Wilderness to connect the village of King Cove with the town of Cold Bay and its all-season airstrip.
With road construction slated to begin on September 1, this ruling represents a major victory for the Izembek Wilderness and its wildlife—and just in the nick of time. But it was not the end of the fight.
The U.S. Army Corps of Engineers had in July issued a so-called Section 404 Clean Water Act permit to the State of Alaska for the construction of the road through Izembek. A Section 404 permit is required for dumping dredged or fill materials into the waters of the United States, including wetlands. Fortunately, the Army Corps of Engineers suspended that permit on August 26 following Judge Gleason’s ruling, thus withdrawing permission to fill wetlands and stream channels in Izembek as the state had planned.
Furthermore, Wilderness Watch and our allies had earlier, through our wonderful attorneys at Trustees for Alaska, filed a motion for a Temporary Restraining Order (TRO) and Preliminary Injunction (PI) to stop the road construction in case Judge Gleason did not rule before construction began on September 1. That motion went before a different federal judge, Judge Aaron Peterson. Since the TRO and PI were no longer needed after Judge Gleason’s ruling, and not wanting to risk any kind of potentially adverse ruling from Judge Peterson, we successfully withdrew that motion on August 28.
As you can see, there are a lot of moving parts in this long-running fight to keep Izembek wild. Thankfully, Izembek and its wildlife are safe—for now.
This, of course, is not the end of the story. The State of Alaska may still try to construct 2.8 miles of road across private lands owned by KCC outside of Izembek’s boundaries, even though it would be another Alaskan “road to nowhere.” Still, even those 2.8 miles would add pressure to the ongoing efforts to build the complete road through Izembek as well as facilitate more illegal ATV use into Izembek. Our attorneys at Trustees for Alaska are looking for options to stop the 2.8 miles of road construction. And, after fighting this road proposal for a couple of decades, we know that the road proponents are not giving up!
A big thank you to all our members and supporters who have written thousands of letters to decision-makers and contributed to our efforts to protect the Izembek Wilderness and its wildlife over the years—this victory belongs to all of you!
BACKGROUND: Located near the tip of the Alaska Peninsula, the 315,000-acre Izembek National Wildlife Refuge—over 95 percent of which is designated Wilderness—is a remote stretch of land where a quarter-million migratory birds, including virtually the entire population of Pacific black brant, congregate each fall.
Nearly 7,000 caribou make their annual trek into the Wilderness where they overwinter, and hundreds of sea otters swim with their young in the Izembek Lagoon, occasionally in the vicinity of migrating orcas, gray whales, minke whales, and Steller sea lions. Massive brown bears—as many as nine per mile—lumber through wilderness streams during peak summer salmon runs.
The illegal land exchange not only endangered the health of a vast and thriving ecosystem, but would have set a dangerous precedent by allowing an agency appointee to trade away designated Wilderness and circumvent Congress.
The land exchange, announced by the Trump Administration’s Department of Interior in October 2025, swapped lands owned by King Cove Corporation for Izembek Refuge and Wilderness lands administered by the U.S. Fish and Wildlife Service. Our lawsuit challenged the agency for violating the Alaska National Interest Lands Conservation Act, Administrative Procedure Act, and National Environmental Policy Act.
The Native Village of Hooper Bay has long opposed a road through Izembek, and dozens of other tribes and tribal entities in the Yukon-Kuskokwim Delta have passed resolutions opposing the land swap and road, noting the importance of Izembek to critical food resources and subsistence traditions. The Native villages of Hooper Bay, Paimiut, and Chevak also filed a lawsuit challenging the land exchange, and Defenders of Wildlife had filed a third suit. The judge dealt with all three lawsuits together in her recent decision.
Wilderness Watch was joined on this lawsuit by Friends of Alaska Wildlife Refuges, the National Wildlife Refuge Association, Alaska Wilderness League, and Sierra Club. Law firm Trustees for Alaska did a great job representing our coalition.
Photo: Kristine Sowl/USFWS