State Government

A Juneau man is still trying to get President Barack Obama to produce documents showing that he’s qualified to appear as a candidate on the November general election ballot. This time, he’s filed a lawsuit to force the state Division of Elections to produce the documents.

Gordon Warren Epperly earlier this year filed an objection with the Division because he believed that Obama, as a child of a mixed marriage, did not have the political right to hold federal office. Epperly says that the “purported” ratification of the Fourteenth Amendment only allowed for civil rights for those that he calls Negros or Mulattos. The Division turned down the challenge, saying that they do not have jurisdiction or governance over selection of national candidates.

Epperly is acting as his own attorney and has now filed suit in Juneau Superior Court in what may be the first claim of presidential eligibility ever litigated in Alaska. Epperly says Obama’s status as a citizen is unknown and he was unlawfully inaugurated as President of the United States. Epperly claims that, by assuming office, Obama has committed the crime of advocating the overthrow of the United States government. Epperly also questions the qualifications of Congresswoman Nancy Pelosi to run for federal office. Pelosi, Epperly believes, has no inherent right of birth as a citizen because she is a woman.

Epperly has sued Obama, Pelosi, Division of Elections director Gail Fenumiai and her supervisor, Lieutenant Governor Mead Treadwell.

Epperly wants the Division of Elections to evaluate Obama’s qualifications by specifically obtaining a physical “verified” copy of a vault birth certificate. If he is not qualified, then Epperly wants Obama to be investigated for advocating overthrow of the government.

The suit has already drawn a response from state attorneys. Assistant Attorney General Elizabeth Bakalar filed a motion to dismiss on Friday, July 20th. Near the start of her pleading, Bakalar writes that the “Plaintiff’s statements regarding race, gender, citizenship, and criminal conduct are repugnant and absurd.”

Part of the filing includes a primer on the Lieutenant Governor’s duties, the selection process for national candidates, and Congress’ role in determining eligibility of a sitting president. But most of the rest of the sixteen pages includes Bakalar calling the lawsuit frivolous with no statement of facts other than “wholly discredited conspiracy theories regarding President Obama’s ineligibility to hold office.”

She also writes that Epperly has no standing, cannot show any personal harm to justify the lawsuit, and has prematurely filed the lawsuit. His filing, Bakalar writes, seems “incoherent and rambling.”

No court hearings have been scheduled in the case yet. Epperly may be given a chance to reply before Juneau Superior Court Judge Philip Pallenberg considers the state’s motion to dismiss.

The coastal management roadshow comes to Juneau tomorrow (Thursday), as Lieutenant Governor Mead Treadwell’s office wraps up a month-long series of hearings on Ballot Measure 2.

The citizen’s initiative on the August primary ballot would restore the Alaska Coastal Management Program. It’s the first measure to fall under a 2010 state law requiring at least eight public hearings — two in each judicial district — on citizen-sponsored legislation up to 30 days before Election Day.

Treadwell, whose office oversees state elections, scheduled ten hearings on the coastal management initiative. He says they’re patterned after a legislative hearing.

“We have the pro side speak for up to 15 minutes about why this measure should become law, and the con side speak for up to 15 minutes about why it shouldn’t. So the first hour is basically laying out the bill,” Treadwell says. “Then we open it up to the citizens – the lawmakers in this case – to ask questions. And for me, I’ve learned the most about the bill and the concerns people have and so forth in just the questions.”

Citizens also are given an opportunity to speak in favor or against the initiative.

Treadwell has attended all but one of the hearings. Poor weather prevented him from making it to Kodiak. He says turnout has been good, with more than 25 people participating in person at each location and many more taking part telephonically.

“Many of them have been legislators or people who were actively involved in the process when we had a coastal management program,” he says. “But we’ve also had people call in from all over the state. So, I think it has been a useful process.”

Alaska had a federally recognized coastal management program for more than 30 years, before the legislature and Parnell administration failed to strike a deal to reauthorize it in 2011. The program allowed state and local officials to set up a review process and standards for development along Alaska’s coastline.

Ballot Measure 2 was sponsored by the Alaska Sea Party, a group chaired by Juneau Mayor Bruce Botelho. He and other supporters have argued the lack of coastal management program hurts the state and it residents’ ability to provide input on development decisions.

Representatives of the Vote No on 2 campaign have charged that the initiative is confusing and would be difficult to implement.

The public hearing on the measure will be held Thursday in Juneau Assembly chambers between 4 and 7 p.m. Those who can’t attend in person can call in to a teleconference number, 1-855-463-5009, or watch online at alaskalegislature.tv.

U.S. Sen. Lisa Murkowski sees the hire of another worker in the Skagway post office as a step toward getting residents “the kind of postal service they can count on.”

Murkowski raised concerns about staffing and mail delays following a visit to Skagway in May. Since then, a spokesman for the U.S. Postal Service says things have changed.

Ernie Swanson says deliveries are being made on time, and complaints have subsided. He says an employee is being transferred from Juneau to Skagway, and the agency will continue to bring additional workers from Juneau, as needed. He says the agency also is looking to hire employees locally, if possible, for temporary positions.

The Skagway post office is authorized for four positions, including the postmaster. The summer tourism season is especially busy.

The Coast Guard is relaxing certification standards for Shell’s oil spill containment barge. The company convinced regulators the Arctic Challenger should be considered a mobile unit. Among other things, that means its mooring system only needs to be able to weather a 10-year storm, as opposed to the more rigorous 100-year standard for fixed platforms.

Coast Guard Commander Chris O’Neil says the change was based on a more complete understanding of how the ship would be used. The Challenger is carrying equipment that could help cap an out-of-control well. During the drilling season, the Challenger will anchor in between the Beaufort and Chukchi Sea, but could move to either if there’s a spill. O’Neil says for that reason, a mobile classification made more sense.

“The 10-year criteria is an industry recognized standard that applies to mobile offshore drilling units that are capable of moving in advance of major storms,” O’Neil said.

But the change in certification standards doesn’t mean the barge has been approved to head north.

“The vessel is still under construction so we haven’t yet had time to finalize inspections in that part of the process. Some of the deficiencies that we’ve identified throughout the process included some firefighting and electrical systems. Operations manuals still have to be approved. So there are number of steps left to be accomplished before we can certificate the Arctic Challenger,” O’Neil said.

O’Neil couldn’t provide a timeline for how long that could take, saying it’s up to Shell and their contractors. Shell spokesperson Curtis Smith couldn’t specify a timeline either, but said the company is hoping to have the Challenger in the Arctic in the near future. Shell can’t start drilling until the barge is approved.

O’Neil says the Coast Guard won’t rush the process though, even that means Shell isn’t able to drill this summer.

“People need to know that if the vessel does not meet the appropriate standards, it will not receive a certificate of inspection, and that’s the bottom line,” O’Neil said.

The Los Angeles Times reports that the barge was scheduled to be inspected today, but that it has been pushed back in indefinitely.

Related Story: Bellingham oil rig project under federal scrutiny for storm safety

It was a typical summer day in Washington, with the humidity on full blast and the temperature rushing toward the nineties before noon. And much like any other summer day in Washington, this one came with a protest, albeit a small, muted one.

A few more than a dozen activists gathered at the national headquarters of the Environmental Protection Agency to present EPA Administrator Lisa Jackson with 360,000 letters; letters that urge her to make sure Shell “plays by the rules,” as environmental groups are phrasing it.

“I think E-P-A needs to do a full comment period on allowing them not to meet their permits,” said Cindy Shogan, executive director of the Alaska Wilderness League.

A public comment period could take months to complete, throwing Shell off schedule.

Shell requested the compliance order for the Discoverer a few weeks ago. The company conceded it could not meet emissions requirements for its main generator under the Clean Air Act.

In a statement, the EPA said it’s working with Shell to grant the approval, and it remains confident the company will begin as planned this year.

That’s maddening to Travis Nichols. A spokesman with Greenpeace, he says if EPA grants the waiver, it could set precedent for off-shore drilling everywhere.

“It says that Big Oil can change the rules, and that Big Oil can move the goal posts before the game begins. And there are no consequences,” he said Monday afternoon.

Secretary of the Interior Ken Salazar said he’ll make a final decision on whether Shell can proceed by August 15th. He told The New York Times last week nothing is guaranteed at this point. The Department could ultimately not grant its final permit.

Though some people could read the tea-leaves from the news of the day:

The environmental groups delivered their letters of opposition on the same day the Obama Administration announced its plan to hold a lease sale off of Texas for 20 millions acres of un-leased waters in the Western Gulf of Mexico.

The U.S. House today (Monday) passed legislation renaming Juneau’s federal courthouse facility after the late Judge Robert Boochever.

Alaska Congressman Don Young briefly spoke about Boochever’s accomplishments on the House floor. The jurist was appointed to the Alaska Supreme Court in 1972, serving three years as Chief Justice. In 1980, he became the first Alaskan to be appointed to the federal 9th Circuit Court of Appeals.

While on the state supreme court, Boochever wrote the concurrence opinion in Ravin – the precedent-setting case governing Alaskans’ right to privacy in the home. He also wrote the Glass opinion — the basis for why Alaska police must apply for a warrant before recording your conversations as evidence in a criminal case.

In his spare time Boochever was involved in numeral local civic and volunteer groups, including the American Red Cross, Juneau Rotary, and as chair of the city’s first Planning Commission.

Members of the legal community from around the state gathered in the Capital City earlier this month for a memorial service honoring Boochever, who passed away last October at the age of 94.

Young’s resolution now moves to the U.S. Senate, where Alaska Senators Lisa Murkowski and Mark Begich have sponsored companion legislation.