Federal Court Vacates Izembek Land Exchange, Citing Violations of Federal Law

The U.S. District Court for the District of Alaska’s August 18 decision vacates the land exchange between the federal government and the King Cove Corporation, halting the transfer of federally protected lands that would have been used for a proposed road connecting King Cove and Cold Bay.

The ruling is a victory for conservation groups and several Alaska Native communities that have opposed the exchange, arguing that the proposed road threatens critical wildlife habitat and subsistence resources.

“The ruling confirms the extraordinary value of these lands for wildlife conservation, including the world’s entire population of nesting black brant along with salmon, brown bears, caribou, and local subsistence harvests, was clearly recognized by its inclusion in the Izembek National Wildlife Refuge through the passage of the Alaska National Interest Lands Conservation Act,” said Marilyn Sigman, president of Friends of Alaska National Wildlife Refuges.

“We are profoundly grateful for today’s decision, and we will continue to advocate for stewardship of all of Alaska’s 16 unique national wildlife refuges.”

The land exchange, announced by Interior in October 2025, transferred approximately 490 acres of federal land within the Izembek Refuge—including wilderness lands—to the King Cove Corporation. In exchange, the corporation agreed to convey approximately 1,739 acres of its lands to the federal government. The exchange was intended to facilitate construction of an approximately 19-mile road between King Cove and Cold Bay.

Trustees for Alaska, representing Friends of Alaska National Wildlife Refuges, the National Wildlife Refuge Association, Alaska Wilderness League, Wilderness Watch and the Sierra Club, challenged the exchange in federal court.

“The Court found that the Secretary tossed the rule book out the window to push through a project with destructive consequences,” said Michelle Sinnott, senior staff attorney with Trustees for Alaska. “Today’s ruling rightly calls out Interior for abandoning its obligations to protect public lands.”

The lawsuit argued that Interior violated the Alaska National Interest Lands Conservation Act, the Administrative Procedure Act and the National Environmental Policy Act in approving the exchange.

Alaska Native communities opposed the land exchange

Opposition to the exchange has also come from Alaska Native communities in the Yukon-Kuskokwim Delta, where residents rely on migratory birds that use the Izembek ecosystem.

The Native Village of Hooper Bay, Native Village of Paimiut and Chevak Native Village filed a separate lawsuit challenging the land exchange. The three Alaska Native communities argued that damage to Izembek’s wetlands could affect migratory birds and, in turn, subsistence hunting and food security in Western Alaska.

Chief Edgar Tall Sr. of the Native Village of Hooper Bay previously warned that a road through Izembek could affect Alaska Native communities that continue to depend on the land and sea for subsistence.

“If the Izembek road happens, it will cause a lot of chaos for Alaska Native people in my region who still live off the land and sea,” Tall said. “The birds we hunt may not be able to survive.”

Angutekaraq Estelle Thomson, traditional council president of the Native Village of Paimiut, described Izembek’s eelgrass wetlands as critical habitat for emperor geese, black brant and other birds harvested by Alaska Native communities.

“We are joining this lawsuit because defending Izembek is inseparable from defending our subsistence rights, our food security and our ability to remain Yup’ik on our own lands,” Thomson said.

Dozens of other Tribal governments and Tribal organizations in the Yukon-Kuskokwim Delta have also passed resolutions opposing the land exchange and proposed road, citing concerns about migratory birds, subsistence resources and cultural traditions.

The Native Village of Hooper Bay has opposed a road through Izembek for years.

Dispute over road continues

The court’s decision comes amid a broader dispute over whether a road should ultimately connect King Cove with Cold Bay.

Supporters of the road, including Alaska officials and residents of King Cove, have argued that reliable overland access to Cold Bay’s airport is a public safety necessity. King Cove’s airport can be affected by severe weather, making emergency medical transportation difficult, while Cold Bay has a larger airport capable of handling flights when conditions prevent King Cove flights.

The current dispute is not the first legal battle over the proposed road. During the first Trump administration, the federal government approved a similar land exchange. That decision was challenged in court and became the subject of years of litigation.

The latest decision, however, specifically addresses the 2025 land exchange approved by Interior Secretary Doug Burgum.

The Native Village of Hooper Bay, Native Village of Paimiut and Chevak Native Village remain plaintiffs in litigation over the road, while conservation organizations are pursuing additional legal challenges related to permits for road construction.

For Alaska Native communities that opposed the land exchange, the ruling represents a defense of both Izembek’s ecological resources and the subsistence practices connected to them.

Izembek’s wetlands provide important habitat for Pacific black brant, emperor geese and other migratory birds that travel between the refuge and the Yukon-Kuskokwim Delta. Tribal leaders have emphasized that protecting the refuge is therefore directly connected to protecting food resources and Indigenous ways of life hundreds of miles away.

The ruling vacating the exchange does not necessarily end the larger fight over a King Cove-Cold Bay road, but it removes the land transfer approved by Interior in 2025 that was intended to facilitate its construction.

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