Legal issues and politics Trans-Alaska Pipeline System



most road crossings buried deep, crossing on richardson highway close surface , employs so-called thermosyphons, special heat pipes conduct heat oil fins @ top of pipes in order avoid thawing permafrost


alyeska , oil companies fought objections pipeline s construction in both courts , in congress, debates pipeline s environmental impact statement continued through 1971. objections caribou herds countered observations of davidson ditch, water pipeline same diameter of trans-alaska pipeline, caribou able jump over. argued pipeline irrevocably alter alaska wilderness, proponents pointed overgrown remnants of fairbanks gold rush, of had been erased 70 years later. pipeline opponents satisfied alyeska s preliminary design, incorporated underground , raised crossings caribou , other big game, gravel , styrofoam insulation prevent permafrost melting, automatic leak detection , shutoff, , other techniques. other opponents, including fishermen feared tanker leaks south of valdez, maintained disagreement plan.


all arguments both , against pipeline incorporated 3,500-page, 9-volume final environmental impact statement, released on march 20, 1972. although alaska sen. ted stevens felt statement not written proponent, maintained general approval pipeline construction demonstrated in draft statement. u.s. secretary of interior rogers morton allowed 45–days of comment after release, , conservationists created 1,300-page document opposing impact statement. document failed sway judge hart, lifted injunction on project on august 15, 1972.


the environmental groups had filed injunction appealed decision, , on october 6, 1972, u.s. district court of appeals in washington, d.c. partially reversed hart s decision. appeals court said although impact statement followed guidelines set national environmental policy act, did not follow minerals leasing act, allowed smaller pipeline right of way required trans-alaska pipeline. oil companies , alyeska appealed decision u.s. supreme court, in april 1973, court declined hear case.


congressional issues

with appeals court having decided minerals leasing act did not cover pipeline s requirements, alyeska , oil companies began lobbying congress either amend act or create new law permit larger right-of-way. senate interior committee began first hearings on series of bills effect on march 9, 1973. environmental opposition switched contesting pipeline on nepa grounds fighting amendment leasing act or new bill. spring , summer of 1973, these opposition groups attempted persuade congress endorse trans-canada oil pipeline or railroad. believed leave in ground argument doomed fail, , best way oppose pipeline propose ineffective alternative defeated. problem approach such alternative cover more ground , more damaging environmentally trans-alaska pipeline.


hearings in both u.s. senate , house continued through summer of 1973 on both new bills , amendments mineral leasing act. on july 13, amendment calling more study of project—the mondale-bayh amendment—was defeated. followed victory pipeline proponents when amendment alaska sen. mike gravel passed senate. amendment declared pipeline project fulfilled aspects of nepa , modified mineral leasing act allow larger right-of-way alaska pipeline. upon reconsideration, vote tied @ 49–49 , required vote of vice president spiro agnew, supported amendment. similar amendment passed in house on august 2.


oil crisis , authorization act

on october 17, 1973, organization of arab petroleum exporting countries announced oil embargo against united states in retaliation support of israel during yom kippur war. because united states imported approximately 35 percent of oil foreign sources, embargo had major effect. price of gasoline shot upward, gasoline shortages common, , rationing considered. americans began demanding solution problem, , president richard nixon began lobbying trans-alaska pipeline @ least part of answer.


nixon supported pipeline project before oil crisis. on september 10, 1973, released message stating pipeline priority remainder of congressional session year. on november 8, after embargo had been in place 3 weeks, reaffirmed statement. members of congress, under pressure constituents, created trans-alaska pipeline authorization act, removed legal barriers construction of pipeline, provided financial incentives, , granted right-of-way construction. act drafted, rushed through committee, , approved house on november 12, 1973, vote of 361–14–60. next day, senate passed it, 80–5–15. nixon signed law on november 16, , federal right-of-way pipeline , transportation highway granted on january 3, 1974. deal signed oil companies on january 23, allowing work start.








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