The 9th U.S. Circuit Court of Appeals has declined the state of Alaska’s request to reconsider its decision against the Juneau Access Road.
The appeals court, by at 2-1 vote earlier this year, upheld Alaska District Court Judge John Sedgwick’s decision invalidating the permit for the half-billion dollar road out of Juneau.
Alaska Attorney General John Burns sought a rehearing by the full panel of 11 9th Circuit judges.
A full-panel hearing would have given road advocates another chance at the case, but the court said in an administrative filing that not a single judge of the circuit requested a vote on whether a full panel should hear it, and the state’s appeal was rejected.
A further appeal to the U.S. Supreme Court is also a possibility. The state Department of Transportation and Public Facilities and Department of Law are both reviewing the matter, but have not yet decided on the next step, said Sharon Leighow, spokeswoman for Gov. Sean Parnell.
Sedgwick had faulted the original permit issued by the Federal Highway Administration and other agencies for failing to consider a “no build” option in the Environmental Impact Statement. Ferry service, he said, could improve transportation without building a road.
The project proposed by the state would shorten travel time between Juneau and the upper Lynn Canal communities of Haines and Skagway by building a 50.8-mile road from the end of the existing Juneau road system to the mouth of the Katzahin River, from where a new ferry terminal would be built to connect to the two nearby cities.
The Southeast Alaska Conservation Council and other environmental groups opposed to the road challenged it in court, where it was defended by the state of Alaska as an intervenor in the case.
Alaska’s Department of Law challenged Sedgwick’s ruling, saying that it shouldn’t have to study multiple new ferry options, and that it had already included several options involving some types of ferry service in the EIS.
The state’s legal filings called Lynn Canal the “biggest bottleneck” in the state highway system, as evidenced by the fact that dead-end roads in Haines, Skagway and Juneau have higher traffic counts than the number of vehicles carried by Lynn Canal ferries.
“The transportation bottleneck has forced traffic flow between Haines, Skagway and Juneau to remain constant, although the populations of these communities have steadily grown during the 14-year study period,” the state’s appeal said.
Representatives of the Southeast Alaska Conservation Council and its law firm, Earthjustice, were unavailable late Wednesday.
• Contact Reporter Pat Forgey at 523-2250 or at patrick.forgey@juneauempire.com.




Comments (47)
Add commentSEACC, Earthjustice win the big one
Congratulations to SEACC & Earthjustice for a clear, unanimous win against the silly road north. Time to build some 350 foot ferries and move on....
I hope this is the end of it
How many years did the state waste money fighting for this boondoggle? And how much of a transportation problem did the state consider getting the walk-ons from the airport or city center to the new ferry terminal would be? A $100 taxi ride? Maybe the doofuses at the city bus service might have extended the bus route. And no, the population of Skagway has not steadily grown. That's just another lie by the state, which has lied to communities all along.
And Parnell can create jobs building ferries
In Alabama or Mississippi. Cuz he doesn't think Alaskans have skills in shipbuilding.
But if people are at least 500 miles away they are experts.
moving along
In an effort to consolidate and perhaps save money the Alaska Marine Highway will be moving its' Juneau Reservation Office to Ketchikan.
Workers in JNU that don't want to move to "K-Town" are looking for new jobs.
Juneaus' loss will be Ketchikans gain.Perhaps loggers in "K-Town", who recently lost their jobs, can be retrained to work in the brand new Ketchikan Central Office.
Perhaps AMHS could offer
Perhaps AMHS could offer incentives to Alaskans so that they could shed the appearance of being a state owned tour ship. 25-50% off for Alaskans? I mean really. It does get a little old to be told you have to wait two weeks for your business related ferry trip because the boats are booked full with motor homes.
Hmmmmmm.........I love logical thinking
How much is it going to cost to buy new ferries? How much is it going to cost on a yearly basis to maintain all the ferries? How much are they going to cost in fuel? How much is fuel going to continually rise?
I'm so sick of hearing these people against a road. Really, there is no logical reason not to build the road out of here. "we need to protect the forest", "we need to keep Juneau isolated". Jeez us. This is just one area, an area that could enhance Juneau and move it into a more stable community. Yeah, that sounds good............Stable. A brighter future for Juneau and Juneauites.................Now people, pull your heads out of..........................................wait for it.................................................the sand and vote for the road to be built. Come on now, what did you think I was going to say?
Take the Ferry, Not the Car
Complaints about the ferry system are mostly vehicle-based. "It costs too much, can't get a reservation, etc.," are reasons why not to go to Canada on vacation, but not for travel to Hoonah, Sitka, Haines or Skagway. Walk-on passenger rates and availability have never been a problem; it's those headed to Atlin, Whitehorse and points beyond who want cheap, summer car fares and a road to compete with the AMHS. The Alaska ferry system connects and supplies dozens of Alaska coastal towns and does it well. The AMHS is not a cheap way to golf and dine in Whitehorse, Yukon, Canada.
Or do business that requires
Or do business that requires you to take a load of supplies via vehicle to the rest of the roaded state. Yes, you can cheaply go get stoned in the hot springs at Tenakee. Enjoy.
Chip, Chip, Chip
Chip, vehicle based? Have you looked at the schedule? A one way ticket to Seattle for a passenger is $326 without meals and a stateroom. On Alaska Airlines I see one for $199. Better go check with SEACC and move on to another reason not to build.
also Chip
I remember taking a walk-on to Haines once. Had to find a ride to the Ferry Terminal, then got to Haines and had no idea how to get to town without a CAR.... ended up having to pay some guy to shuttle us - $10 each!
That might not sound like much to you - but that was 2 meals apiece for us.....
Good LORD! even if the road
Good LORD! even if the road was built folks, you would STILL have to take a FERRY to Haines!!!!!!!!!!!!!!!!!!!!!!!!!!!
Shame on Sean Parnell , he continues to waste every ones time and our states money with his personal vendettas.
ferry to bellingham
a one way to bellingham from juneau is 1200.00 and this doesnt include a stateroom nor food... then you need to have time for it being 3 days and 10 hrs to get there... they even ADD 150 for your pet to be in YOUR car or truck... build the road.. alaskans need cheaper escapes and JOBS
cabins
ferry cabins to bellingham are 525 for a 4 berth outside and a wee lower for inside rooms with no window..... food is dry and spendy...
Ferry To Bellingham?
Why does a walk-on passenger take the ferry to Bellingham, especially if one is headed to Seattle? Why spend 3 days, two nights and 9 meals onboard when one can fly - same day - for a cheaper fare? The best use of the AMHS is to connect and supply ALASKA towns, not Bellingham, Washington. If Lynden Transfer and other shippers choose to use Bellingham over Prince Rupert or Skagway, that is a business-bottom line decision. But taking the ferry to Belligham, with 130 miles to go to Seattle, makes little sense for a walk-on passenger.
Ak teacher move to
Ak teacher move to bellingham, thats cheaper for all of us!
Yeah, thats all fine and
Yeah, thats all fine and dandy, but not when I needed it.
Yeah, thats all fine and
Yeah, thats all fine and dandy, but not when I needed it.
cost per mile
AMHS ferry "vehicle" miles cost the state of AK approximately 53 times more , per mile , to operate than the state road system.
AMHS only provides about 2.5 million vehicle miles of travel in Lynn Canal which on average costs' the state 11 % more than the rest of AMHS ferry routes. The Lynn Canal Hwy Project will provide over 11 times more capacity at 28.7 million vehicle miles per year, and is estimated to be 53 times lower cost per vehicle mile . This cost ratio should remain the same even with increased fuel prices.
State cost per vehicle mile:
Current Lynn Canal Ferry......$2.08
Lynn Canal Hwy project........$0.039
Cost of Road: $600 Million and Climbing
Be sure to factor in the rising cost of Juneau road construction. The feds are anxious to earmark this boondoggle and get right to work! As soon as the US Supreme Court says A-OK.....
Fairweather
Yay for Seacc and Chip baby... Let's buy some some more Knowles/Ayers/Doll fast ferries that gobble 800 gals an hour that truly only operate in fair weather!
Our country is going to pot led by Obama, ultra liberal courts, and extremist outside funded Seacc groups. Thank God our pioneers had drive, vision, and common sense; all which is lacking with the future of Alaskas current path of no industry, no jobs, no housing, no hope unless you work for the Government.
800 gallons an hour
800 gallons an hour and 'throw-away engines" is good for the environment,ain't it ? Bob Doll loved JNU so much he left,haha!
Good thing they built the
Good thing they built the existing roads in Alaska in the 40's and 50's. If they were to try and build them today, they would never get built.
Good thing they built the
Good thing they built the existing roads in Alaska in the 40's and 50's. If they were to try and build them today, they would never get built.
road north
Many years ago I attended a local get together for Fran Ullmer, running (successfully) for her 1st Leg. term. Somebody asked her about the likelihood of a road out.
In those simpler days, Fran was able to be a lot more candid than since, saying essentially "Ain't never gonna happen... The money's got to come from the Feds, passed thru the St. Legislature, and the Railbelt isn't going to allow that..Any funding available, they'll keep for themselves...We oughta just drop the whole thing and move on...Throw in the general statewide antipathy to Juneau anyway...It's a total pipedream."
Well, AK DOT, (road lovers, cause that's all they know), have pushed this pet project ever since, for decades citing bunko figures (clinging to a $250 million price tag, lowball 1980's numbers), 'till only recently when they've finally admitted that yes, there's inflation, and, surprise surprise there might be the odd snow and avalanche shed involved too.
The point I'm making is yes, we "have the technology" to do a fabulously expensive project like this, ala roads in the Alps or Rockies, but it's nuts to spend, realistically, 1/2 to a cool billion bucks to serve a town of 33,000. The market justification doesn't exist, and never will. Nor, any longer, does the money--it's all in the pockets of Bear Stearns and Blackwater execs.
BTW, I'm no road hater - roads that might deliver real bang for the buck in terms of genuine access enhancement, like say from Sitka to Rodman Bay, I could (cautiously) get behind.
800 gallons an hour
800 gallons an hour and "throw-away engines" is good for the environment,right? Bob Doll loved JNU so much he left !
road costs
Take a trip, if you're able (the Blue Canoes go right by), and really check out the avalanche chutes up Lynn Canal. You'll need binoculars, and maybe some gillnetters to provide a sense of scale.
What looks at a distance like pea gravel are actually rocks the size of houses, rolling down to the saltchuck from thousands of feet up.
Now, imagine trying to clear enough away to even BEGIN building a road, with more coming down the whole time.
Should this project ever get underway, people are going to die. No ifs ands or buts.
Now maybe in the "good old days" that was AOK, 'cause there was a seemingly inexaustible supply of Irish and Chinese...
Seems like the debate is too limited, between expensive "dumb" ferries and really, really expensive, really dumb (my opinion) road lust.
Queston: how many would take the road to Skagway
If there were a road to Skagway, and if there were a ferry to Skagway at the same time, realistically how many would choose the ferry and how many would choose the road?
Maybe put it another way.
Take Seward.
How many in Seward would say lets plow up this road and put in a ferry to Anchorage? It would not make sense.
Of course the idea is illogical. People, when they can, will choose the solution that makes sense for themselves.
If Juneau had a road out of town to Skagway, how many people would honestly say, hey, lets dynamite this road and put in a ferry? Why would anyone want a road? It is like an artery of life for everyone. People all along the road benefit.
I love the ferry and I ride it when I can. Nice people. Wonderful people. Great food. But if I had a choice, and of course thanks to some people who want to limit our choices we have no choice, I think it would make very good sense to drive out to Skagway rather than fly or take a ferry.
Peace and quiet......I'm
Peace and quiet......I'm guessing you've never seen a causeway or driven through a tunnel. You know the Swiss have road through much longer stretches of avalanche zones than this projected road. Things like avalanche chutes are one of the many reasons why government agencies have or hire people smarter than use to design their roadways.
Ever travelled much in
Ever travelled much in Europe? Me neither, but folks I know who have and from looking on the internet, they have roads that make this look simple. Especially "Norvay and dose Nordern Scandahoovian" countries
Swiss roads and railroads
@akbrdguru: Actually I have traveled all over the length and breadth of Switzerland on their wonderful railroad system.
It's utterly fabulous, awe inspiring; a marvel of engineering and construction.
Two points, however: One, the railroad and bus systems all over Europe are so extensive and efficient that one could well live their whole life and never once have to drive, let alone buy, fuel, insure, maintain, replace an automobile. What a marvelous, true economic freedom! It's a societal decision: mass, rather than individual transportation, that the people of Europe have chosen for themselves. We Americans should learn from their example -- yes, even (dare I say it) France.
The other point is, that there's a market of hundreds of millions of users for these systems. Juneau's a potential market of..what..33,000?
I think of the AK Ferries as busses--horribly mismanaged to be sure, even to the point of patent sabotage by Frank's appointees, but hey--what started this whole thing off was the 9th Circuit's recognition that AKDOT didn't even CONSIDER refurbishment and proper management of the ferries as an option.