DNR aproves road work on McCarthy-Green Butte

In a letter dated June 9, 2004, the Alaska Department of Natural Resources (DNR) has granted approval to the Pilgrim family’s request to do required maintenance on the McCarthy-Green Butte Road, RST 135.

The letter, addressed to attorney J.P. Tangen, provides “any authorization needed from the Department for removing overburden and underbrush and performing other incidental improvements on the state’s right-of-way to provide for reasonable access to your client’s property.”

Several cautions were given, such as notifying landowners of property that the road passes through, including the National Park Service (NPS), who has the ability to “reasonably regulate” the manner of access.

The definition of “reasonable regulation” has been the source of much controversy since the NPS posted notices last year saying the road was closed to all vehicular traffic. Acting Superintendent Hunter Sharp (then Chief Ranger) later said that the notice did not apply to subsistence activity, but that it was merely intended to keep the Pilgrims from accessing their home by vehicle.

The Pilgrims have brought suit against the Park Service and the case is now before the 9th Circuit Court of Appeals. The Pacific Legal Foundation is handling the case. The state of Alaska has filed an amicus curiae, or “friend of the court” brief on behalf of the Pilgrims litigation.

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