Dunleavy, AIDEA claim a constitutional mandate that doesn't exist
A standard part of Gov. Mike Dunleavy’s repertoire is the claim that Alaska has no choice but to approve every proposal to mine or drill for oil on public lands because the natural resources section of the Alaska Constitution requires development.
The Alaska Industrial Development & Export Authority, controlled by Dunleavy, is following his lead and claiming that any natural resource project it proposes is mandated by the Alaska Constitution.
Dunleavy and AIDEA are wrong about the Alaska Constitution.
Dunleavy has made it clear he wants Alaskans to approve all resource development projects.
“I need Alaska to say yes to everything,” is how he put it in a 2023 interview with the Daily News-Miner. He also said, “there’s too much no.”
He tried to bolster his opinion by inventing an imaginary constitutional mandate: Just Say Yes.
The guidance contained in Article VIII of the Alaska Constitution is not “Say yes to everything and anything,” which is both reckless and an open invitation for corporate handouts.
The natural resources article of our Constitution says this: “It is the policy of the State to encourage the settlement of its land and the development of its resources by making them available for maximum use consistent with the public interest.”
The last seven words in that sentence—"maximum use consistent with the public interest”—call for exercising judgement in deciding when to say yes and when to say no. That means getting something in return and making sure the terms are right, which is impossible under Just Say Yes.
It also means understanding that there are competing and conflicting resource questions—including the value of wild places—and a need to generate the maximum benefit for all Alaskans. A good negotiator has to be able to just say no at times.
The Alaska Beacon has this coverage of the last AIDEA meeting at which Executive Director Randy Ruaro described the alleged yes mandate.
“Whether to develop Alaska’s natural resources, including developing access to those resources, is an issue that was decided back at statehood. It’s embedded in our Constitution. It’s not up for popular vote or revisiting now,” Ruaro said.
“It’s part of our Constitution. It would take an amendment to the Constitution to remove that mandate to develop resources for the good of all Alaskans. And that’s another point to remember is that Alaska’s state lands are owned essentially in common for the benefit of all Alaskans.”
“So people, individuals may think it’s a weight of public comment on one side or the other that should prevail, but the issue of whether to develop resources was made back at statehood,” Ruaro said.
“So we have that mandate. Individuals are certainly able to comment one way or the other. But the mandate is there. Until it’s not there, we should pursue it aggressively.”
“While I respect all comments and everybody’s entitled to voice their opinion, I think that we have a mandate. It’s not optional. It’s not subject to popular vote. And it’s actually the right mandate in terms of, for the betterment of all Alaskans,” he said.
The claim that Dunleavy and AIDEA are mandated to say yes to everything is a lie, pure and simple. It’s a lazy attempt to silence critics and a deliberate misinterpretation of the Alaska Constitution.
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