Former President Jimmy Carter is taking the rare step of weighing in on judicial proceedings, saying that an appeals court is misinterpreting a conservation law he signed.
On Monday, Carter filed a briefing chastising a ruling that upheld a Trump-era decision to build a road through a national wildlife refuge in order to enable medical evacuations nearby.
Carter, in an amicus brief, argued that the ruling, from the 9th Circuit Court of Appeals “misinterpreted” the law in question, called the Alaska National Interest Lands Conservation Act (ANILCA).
“The understanding adopted by the panel majority here is not only deeply mistaken, it is also dangerous,” Carter wrote.
He wrote that the panels’ findings could be applied to other decisions in the future, circumventing what he described as the law’s intention.
“The secretarial powers the decision recognized would apply equally to National Parks, National Forests, National Wildlife Refuges, as well as Wilderness Areas and other conservation lands, and to all manner of development and extractive activities, not just road building,” he wrote. “Congress’s landmark action—the culmination of years of study and struggle—to designate for permanent preservation specific unrivaled national interest lands would be negated.”
In its ruling, the panel of judges argued that in the law, Congress enabled then-Interior Secretary David Bernhardt to strike an “appropriate balance” between environmental interests and economic and social needs.
But Carter wrote that the law’s mention of “adequate” social and economic needs describes what the legislation had achieved and did not allow for future decisions that sacrificed conservation in the interest of balance.