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TRUSTEES FOR ALASKA v. GORSUCH

No. S-4047.

835 P.2d 1239 (1992)

TRUSTEES FOR ALASKA, ALASKA CENTER FOR THE ENVIRONMENT, Tamara Smid and Edwin Taylor, Appellants, v. Lennie B. GORSUCH, Commissioner, and Alaska Department of Natural Resources, Appellees.

Supreme Court of Alaska.

August 21, 1992.

Attorney(s) appearing for the Case

Michael M. Wenig, Anchorage, for appellants.

Ellen Toll, Asst. Atty. Gen., Anchorage, and Charles E. Cole, Atty. Gen., Juneau, for appellees.

Richard M. Johannsen, Perkins Coie, Anchorage, amicus curiae, of Diamond Shamrock-Chuitna Coal Joint Venture.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

COMPTON, Justice.

This appeal challenges several aspects of a decision by the Commissioner of Natural Resources (commissioner) to issue a surface coal mining and reclamation operations permit under the Alaska Surface Coal Mining Control and Reclamation Act (ASCMCRA), AS 27.21.010-.999. We affirm the commissioner's decision in part, reverse in part and remand for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL...

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