On June 3rd an analysis of the legality of Ballot Number #4 was published by Alaska's District 35 Representative, Paul Seaton .
From the Pebble Blog at the Anchorage Daily News,
"No existing statute or regulation is directly amended or repealed by the initiative. The initiative could change how the existing state statutes and regulations may apply to large scale mining operations."
How much regulatory standards may change is "not clear" due to the "ambiguity of the initiative's language."
"In this instance due to the ambiguity of the language, the ballot summary, arguments and analysis presented to the electorate ... in conjunction with the language of the ballot measure may guide how the initiative is understood by the electorate and consequently what a court may hold is the legal effect of the initiative of the state's regulation of water quality."
And, "litigation concerning its meaning is likely."
If and when Ballot Measure #4 passes in August and derails the Pebble Mine, I'm sure companies like Anglo and Rio Tinto would like nothing more than to challenge the measure in court. It appears our struggle might last past the August vote.
From the Pebble Blog at the Anchorage Daily News,
"No existing statute or regulation is directly amended or repealed by the initiative. The initiative could change how the existing state statutes and regulations may apply to large scale mining operations."
How much regulatory standards may change is "not clear" due to the "ambiguity of the initiative's language."
"In this instance due to the ambiguity of the language, the ballot summary, arguments and analysis presented to the electorate ... in conjunction with the language of the ballot measure may guide how the initiative is understood by the electorate and consequently what a court may hold is the legal effect of the initiative of the state's regulation of water quality."
And, "litigation concerning its meaning is likely."
If and when Ballot Measure #4 passes in August and derails the Pebble Mine, I'm sure companies like Anglo and Rio Tinto would like nothing more than to challenge the measure in court. It appears our struggle might last past the August vote.
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