By SUZANNE DOWNING
Sept. 17, 2026 – The Ninth Circuit Court of Appeals has rejected an environmental group’s attempt to immediately halt construction of the first 2.8 miles of the long-sought King Cove road.
In a brief order filed Wednesday, Circuit Judges Andrew Hurwitz and Lucy Koh Sung denied Defenders of Wildlife’s motion for injunctive relief while its appeal proceeds.
The decision leaves intact US District Judge Aaron Peterson’s refusal to stop the State of Alaska from building the initial segment. Construction may continue while the Ninth Circuit considers the underlying appeal.
This ruling applies only to the first 2.8 miles of the proposed road, not the entire route between King Cove and the all-weather airport at Cold Bay.
Federal judge again refuses to halt construction of first 2.8 miles of King Cove road
That initial segment is being built on land King Cove Corporation owned before the disputed 2025 federal land exchange. It therefore does not depend on the exchange of federal land through the Izembek National Wildlife Refuge that would be required to complete most of the approximately 19-mile road.
As expected, Defenders of Wildlife sued in August to challenge a US Fish and Wildlife Service determination allowing construction and operation of the first segment. Although King Cove Corporation owns the property, it lies within the exterior boundaries of the Izembek refuge and remains subject to certain federal restrictions. There’s little doubt the group will sue again and take it to the Supreme Court.
The environmental group asked Peterson to issue a preliminary injunction stopping construction. After he declined, the group appealed and sought an injunction that would block the work while the Ninth Circuit reviews the case.
Peterson denied that request Sept. 5, leaving Defenders of Wildlife to seek emergency relief directly from the appellate court.
The Ninth Circuit has now denied that request as well.
“The motion for injunctive relief is denied,” the two-judge panel wrote, citing the legal standard used to determine whether a preliminary injunction should be granted.
The court said the existing briefing schedule for the appeal remains in effect. Its order does not resolve the underlying lawsuit or constitute a final decision on the merits of Defenders of Wildlife’s appeal.
The first segment extends the existing King Cove road toward Cold Bay and includes the project’s only planned bridge, an approximately 150-foot structure over an unnamed creek near mile 2.6.
The State of Alaska began mobilizing equipment and materials for the work in August. More than 20 King Cove residents completed safety training and received Alaska Department of Transportation and Public Facilities certificates in preparation for construction.
Most of the proposed road remains blocked by a separate court case.
Interior Secretary Doug Burgum approved a land exchange in October 2025 that would have provided a corridor through the Izembek refuge for an 18.9-mile, single-lane gravel road. But U.S. District Judge Sharon Gleason invalidated the exchange Aug. 18, concluding that the Interior Department had not complied with several federal laws.
The US Army Corps of Engineers subsequently suspended the wetlands permit it had issued for the broader project. The Dunleavy administration has said it will appeal Gleason’s ruling.
No work has begun on the federal corridor.
King Cove residents have sought the road for decades as a dependable emergency connection to Cold Bay’s airport, which can accommodate larger aircraft during weather that frequently prevents smaller planes from serving King Cove.
The Interior Department reported that King Cove experienced 217 medical evacuations between December 2013 and June 2025, including 32 requiring assistance from the US Coast Guard.
