Judge hears arguments in Pilgrim family's case against Park Service
Family suing to get access to home inside Wrangell-St. Elias park
"The only reasonable and adequate access for the Pilgrims has been denied," said plaintiffs' lawyer Russell C. Brooks, at a hearing in U.S. District Court. "The Pilgrims are seeking to use a road."
Four members of the Pilgrim family, with the help of the Pacific Legal Foundation, filed the lawsuit to get use of the road to their cabin inside the Wrangell-St. Elias National Park and Preserve, which begins about 170 miles east of Anchorage and stretches to the Canadian border.
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The Park Service said before it could reopen the road it would have to do an environmental assessment of possible harm to the 13.2 million-acre federal park, the largest in the United States.
Papa Pilgrim, who changed his name from Bobby Hale, and his family bought the 410-acre parcel in the spring of 2002 for $325,000. The family moved into a miner's house, but it burned in April. The family wants to use the road to bring in large-size supplies - including windows, plastic sheeting and insulation - to winterize the new building. The supplies are waiting 14 miles away in nearby McCarthy, an old mining town of 49 people inside the park.
A letter to the judge written by Nava Sunstar, also known as Joseph Hale, said temperatures on Saturday reached 31 degrees below zero.
"Windows need replacing, ceiling and floors need insulation badly, stove oil is needed for the heaters, fish and meat are needed to come home and hay and feed for the animals," the letter said. "We need your help and mercy your honor the judge."
Country Rose, the mother of the 15 children, said the family has enough supplies for now. But she said essentials will be needed eventually.
"We won't give up," said Country Rose, who attended the hearing with three of her children. "They are going to have to allow us to use the road."
U.S. District Judge Ralph Beistline - who is expected to issue a ruling this week - said the case boils down to what is reasonable and adequate access under federal law. The Park Service says the family ought to be able to make do with snowmachines and airplanes to bring in supplies. The Pilgrim family maintains those methods are inadequate.
"The only reasonable feasible access here is a tracked vehicle carrying a sled," Brooks said.
The Pilgrims need to recognize that the Park Service, in considering road use, must follow procedures set forth in the National Environmental Policy Act, said government lawyer Bruce Landon. That means an environmental impact statement must be completed, something the agency has offered to expedite, he said. But he said the family filed the lawsuit before the EIS could be done.
While the Park Service recognizes that the family needs reasonable access to the property, they should have gotten a permit to bulldoze the road, he said.
Joshua Pilgrim, 25, said the family has tried for nearly a year to get permission to use the road.
"We have been working on the process since last winter, and we've gotten nowhere," he said.
Country Rose said the message she's getting from the government is that fish spawning creeks are more important than food for her children.
She flew out two weeks ago but now the family's airstrip has 2 feet of snow on it. The pilots in McCarthy are still using wheels on their planes, rather than skis, and can't fly her back in yet. And she said the creeks and rivers aren't frozen solid enough for snowmachines. She wants to get back to her 1-year-old child.
"I am kind of heartbroken right now," she said.
Joshua Pilgrim said despite the hardships the family won't give up.
"The Park Service will never drive us out," he said.
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