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State of Alaska Moves to Dismiss Litigation Challenging Federal Decision Authorizing 1.4 Million Acre Transfer along Dalton Utility Corridor

May 7, 2026

(Anchorage, AK) – The State of Alaska has filed a motion to dismiss a challenge brought by 10 environmental organizations against the Department of Interior (DOI)’s decision to revoke two outdated land withdrawals, and the conveyance of approximately 1.4 million acres along the Dalton Highway Corridor to the State. The State argues that the case must be dismissed because the United States District Court lost jurisdiction in this matter once the lands were conveyed, due to the State’s sovereign immunity against suit in federal court.

On May 5, 2026, the United States issued Tentative Approval for approximately 1.38 million acres, vesting equitable title to those lands in the State of Alaska. And yesterday the U.S. Department of the Interior announced the transfer publicly, describing it as a significant milestone toward fulfilling Alaska’s remaining Statehood Act land entitlement.

“Yesterday’s transfer along the Dalton corridor represents a major step toward fulfilling the promises made to Alaska at statehood more than sixty years ago,” said Alaska Attorney General Stephen Cox. “These lands are tied to Alaska’s future — transportation, energy infrastructure, resource development, and access across some of the most strategically important parts of our State.  This case is about Alaska’s sovereignty.  And our motion to dismiss makes clear that no state can be hauled into federal court and divested of real property rights without its consent. The Court must dismiss this case.”

Central to this case is the Secretary of the Interior’s revocation of 1970s-era land withdrawals -- Public Land Orders (PLO) 5150 and 5180 – made to further the construction of the Trans-Alaska Pipeline System. On February 25, 2026, Secretary of Interior Doug Burgum issued PLO 7966, revoking PLOs 5150 and 5180, and issued an order reopening the land to the potential for conveyance to the State. After a 30-day waiting period, the opening order took effect and the process for State conveyance began automatically, by operation of the provisions of the Alaska National Interest Lands Conservation Act.

This conveyance marks a significant transfer of land to the State and is a major step in fulfilling the land entitlement guaranteed under the Alaska Statehood Act, which has remained unfulfilled since 1959 when Alaska became a state. This transfer, taken pursuant to the Alaska Statehood Act, is part of a larger State and federal cooperative effort to expand Alaska’s opportunities to develop resources in the State.

“What we’re seeing now is that promises made to Alaska are finally being kept,” said Alaska Governor Mike Dunleavy. “President Trump understands that Unleashing Alaska’s resources not only represents a commitment to the people of Alaska, but a benefit to all Americans who will benefit from these resources.”

“The Department will eagerly steward these critical lands on behalf of Alaskans while working to ensure they continue to have access to nearby federal lands,” said Alaska Department of Natural Resources Commissioner-designee John Crowther. “These actions by DOI and BLM-Alaska are an important step in fulfilling federal promises made decades ago, which have secured millions of entitlement acres for the State to date. We are grateful for their work to continue carrying out this foundational obligation.”

This grants the State access to critical resource projects on land adjacent to the Trans-Alaska Pipeline System and the Dalton Highway, and the proposed routes for Ambler Road and the Alaska Liquified Natural Gas Projects.

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Department Media Contact: Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.

Due to resource constraints, we are no longer posting links to the briefs. Please refer to the Supreme Court’s Docket Search or PACER for all federal briefs. Any briefs that are not otherwise publicly available are available upon request through law.recordsrequest@alaska.gov.

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