he big news for Alaska as I write this in early July is the Record of Decision of No-Action for the Ambler Access Road, and thus the Ambler projects. While on its face this news is about mining and transportation, to me it is closely tied to the legal and energy themes of this issue.

On the energy front, every major remote project in Alaska has at least two major obstacles in common: how to get power in and how to get the resource out. Both require the development of infrastructure, which is expensive to build and maintain.

On the legal side, the Ambler projects (and projects like them) are a magnet for lawsuits. While some stakeholders in the region are relieved that this road has reached an apparent dead end, others are incensed that the federal government has once again put halt to a project that does have some local support and despite the fact that access to this area is addressed in the Alaska National Interest Lands Conservation Act. Some say denying access is a violation of federal law, and I’m sure lawsuits will follow asserting that belief. Then again, had any version of the access road been approved, there also would have been lawsuits in the project’s future. If anyone were to go mining for lawsuits, Alaska is the place to do it.

Interestingly, the project’s ties to energy and legal/policy stretch further. The Ambler projects would potentially produce rare earth elements, copper, and gold, all of which are critical minerals for renewable energy projects. In addition to solar panels or turbines, renewable energy projects generally require battery storage solutions to be effective, as wind, sun, and currents all—unforgivably—operate on their own schedule.

Nationally, the Biden administration is pushing for the development of critical minerals domestically, though apparently its definition of domestic is “within the country, but not in Alaska.” Part of this push is so that the country can transition to an energy future that relies less on fossil fuels.

The Ambler projects, which could provide materials to build a renewable energy future, have been halted by an administration advocating for that future.

Don’t take that as myself or this publication advocating specifically for the Ambler projects; rather, I’m highlighting the frustrating loop Alaska is caught in year after year. We want economic development; we want community buy-in for that development. We want to develop our resources, and we want to protect them. These are not opposing ideas, for Alaskans, and if this decision-making were placed in our hands, I’m confident we’d see not every project—but the right projects—move forward.

On the bright side, energy projects in Alaska, many of which are covered in this issue, are constantly under development, to the benefit of communities large and small. And the legal industry? There’s more than enough work available to keep those professionals busy.