“This ruling not only affirms the integrity of DNR’s work but also protects the rights of Alaska Native Corporations and provides certainty for future development.”
Alaska Supreme Court upholds early permits for Donlin gold mine, loosens reins on development
James Brooks, Alaska Beacon, November 19, 2025
The decision has implications for mining and drilling projects on private and federal lands, experts say
The Alaska Supreme Court has upheld state regulators’ decision to grant permits for a large gold mine planned for Southwest Alaska, bringing the proposed Donlin project a step closer to construction.
In a unanimous ruling published Friday, the court’s five justices said the Alaska Department of Natural Resources did not need to consider the environmental impact of the entire proposed Donlin Mine when it approved water use permits and a right-of-way permit needed for a natural gas pipeline intended to power the mine.
Their ruling has implications for many major development projects on private land and likely applies to projects on federal land as well, such as the large oil projects on Alaska’s North Slope.
“This decision is a major win for Alaska,” said Attorney General-designee Stephen Cox in a written statement. “The Court rightly recognized that the State’s permitting process met constitutional standards and that Article VIII (of the Alaska Constitution) does not extend to lands owned by Alaska Native Corporations or other private entities. This ruling not only affirms the integrity of DNR’s work but also protects the rights of Alaska Native Corporations and provides certainty for future development.”
The natural gas pipeline will stretch across state land, but the mine itself will be dug on land whose subsurface rights are owned by Calista Corporation, a regional Alaska Native corporation.
Writing on behalf of the court, Justice Dario Borghesan said the distinction is important.
“Because these are private resources, rather than state resources, the Department was not required to consider the cumulative impacts of their development when deciding whether to allow the use of state waters and access over state lands to develop the mine,” he wrote.
The ruling says that to approve the gas pipeline, regulators needed to consider only the impact of the pipeline, not of the mine it allows.
Until Friday, a 2013 decision by the Alaska Supreme Court known as REDOIL had required regulators to “take into account all aspects of a project” and consider the “cumulative impacts” when issuing permits for work on state land.
Friday’s decision somewhat limits that precedent, particularly for Alaska’s North Slope oil and gas industry, where most new drilling is taking place on federal land, not state land.
“Clear, durable, common-sense definition of “waters of the United States” (WOTUS)
EPA & Army Corps Unveil Clear, Durable WOTUS Proposal
Definition to Protect Water Resources, Accelerate Growth & Economic Opportunity
U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin, together with Assistant Secretary of the Army for Civil Works Adam Telle, today announced a proposed rule that would establish a clear, durable, common-sense definition of “waters of the United States” (WOTUS) under the Clean Water Act. The proposal, unveiled at an event today at EPA headquarters in Washington, DC, follows the Supreme Court decision in Sackett and delivers on the Trump Administration’s commitment to protect America’s waters while providing the regulatory certainty needed to support our nation’s farmers who feed and fuel the world and advance EPA’s Powering the Great American Comeback initiative.
The agencies developed this proposed rule using input from multiple sources, including a pre-proposal recommendations docket, information from nine public listening sessions, and consultation comments from states, tribes, and local governments. Key proposed revisions include:
- Defining key terms like “relatively permanent,” “continuous surface connection,” and “tributary” to appropriately delineate the scope of WOTUS consistent with the Clean Water Act and Supreme Court precedent;
- Establishing that jurisdictional tributaries must connect to traditional navigable waters either directly or through other features that provide predictable and consistent flow;
- Reaffirming that wetlands must be indistinguishable from jurisdictional waters through a continuous surface connection, which means that they must touch a jurisdictional water and hold surface water for a requisite duration year after year;
- Strengthening state and tribal decision-making authority by providing clear regulatory guidelines while recognizing their expertise in local land and water resources;
- Preserving and clarifying exclusions for certain ditches, prior converted cropland, and waste treatment systems; Adding a new exclusion for groundwater; and
- Incorporating locally familiar terminology, such as “wet season,” to help determine whether a water body qualifies as WOTUS;
- In addition, the limitation to wetlands that have surface water at least during the wet season and abut a jurisdictional water will further limit the scope of permafrost wetlands that are considered to have a continuous surface connection under the proposed rule. These proposed changes are intended to provide clarity and consistency to the continuous surface connection definition.
When finalized, the rule will cut red tape and provide predictability, consistency, and clarity for American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners for permitting under the Clean Water Act.
After decades of steady decline, Alaska’s oil output is set for a significant rebound.
EIA: Alaska oil output to grow 13% in 2025
Oil and Gas Journal, November 19, 2025
Crude oil production in Alaska is poised to reach to its highest level in nearly a decade, driven by strong performance from new North Slope projects, according to the latest forecast from the US Energy Information Administration (EIA).
EIA now expects Alaska to produce 477,000 b/d in 2026, the highest annual average since 2018.
After decades of steady decline, Alaska’s oil output is set for a significant rebound. EIA projects a 13% increase—about 55,000 b/d—in 2026, marking the state’s largest year-over-year growth since the 1980s.
The turnaround is led by two major developments on the North Slope.
ConocoPhillips’ Nuna project, which began producing in December 2024, has shown steady growth. The field produced 7,000 b/d in August 2025 and is expected to reach 20,000 b/d at its peak, helping offset declines in legacy fields.
A larger boost is expected from Pikka Phase 1, jointly owned by Santos and Repsol. The project is scheduled to begin production in first-quarter 2026 and reach peak production of 80,000 b/d by mid-2026, nearly 20% of total Alaska oil production in 2025.
EIA noted that wells from these new projects outperform most existing wells in the state. Recent production records from the Alaska Oil and Gas Conservation Commission show that new wells produce about 480 boe/d, whereas 78% of Alaskan wells produced less than 400 boe/d in 2023.
The agency said its upgraded 2026 outlook reflects Santos’s accelerated ramp-up to peak production for the Pikka Phase 1 project and recent well tests demonstrating high productivity.
