If Trump Really Wants to Reopen Alcatraz, He’ll Go Up Against Environmental Laws

May 5, 2025

Any prison rebuild would need to satisfy environmental, historic preservation laws

A recent article in The Mercury News examines the significant legal and environmental hurdles facing President Donald Trump’s announcement to rebuild and reopen Alcatraz Island as a federal prison. The article includes commentary from Downey Brand partner Andrew Skanchy, who underscores the scope of federal environmental review required for such a project.

The island, which ceased operating as a prison in 1963, is now a National Historic Landmark and an ecologically sensitive area that supports nesting grounds for several protected bird species.

Any effort to redevelop the site would trigger extensive environmental review under the National Environmental Policy Act (NEPA). This federal law requires agencies to evaluate the potential environmental impacts of proposed projects, including harm to wildlife, disruption to historic resources, and pollution resulting from construction activities. In the case of Alcatraz, that includes analyzing the effects of transporting building materials across San Francisco Bay.

“The larger the project, the more impacts to consider,” Skanchy said, noting that NEPA would require the federal government to evaluate emissions and pollution generated by construction-related transport.

Although the California Environmental Quality Act (CEQA) typically governs state and local projects, it could come into play if local or state agencies are involved, such as in approving new transportation infrastructure to support the prison. Precedent suggests this process could be slow: a National Park Service ferry landing project on Alcatraz took nearly a decade to navigate environmental clearances and permitting.

Beyond regulatory barriers, experts also point to Alcatraz’s physical limitations. The island lacks fresh water, has no natural soil, and poses logistical challenges that require all materials and supplies to be ferried in. These conditions significantly complicate any large-scale construction.

Readers can access the full article by reporter Kate Talerico on The Mercury News website.