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KACHEMAK BAY CONSERVATION SOC. v. DNR

No. S-8554.

6 P.3d 270 (2000)

KACHEMAK BAY CONSERVATION SOCIETY, Cook Inlet Keeper, Trustees for Alaska, Stacey Marz, Michael O'Meara, Appellants, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES; John Shively, Commissioner, Department of Natural Resources; Kenneth Boyd, Director, Division of Oil and Gas, Appellees. Marathon Oil Company; Union Oil Company of California; Cook Inlet Regional Corporation, Inc.; Forcenergy, Inc.; Anadarko Petroleum Corporation; Alaska Mental Health Trust, Intervenors.

Supreme Court of Alaska.

Rehearing Denied November 13, 2000.

Attorney(s) appearing for the Case

Patrick Lavin and Valerie L. Brown, Trustees for Alaska, Anchorage, for appellants.

Lawrence Z. Ostrovsky and Jeffrey D. Landry, Assistant Attorneys General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for appellees.

Susan E. Reeves and Thomas P. Amodio, Foster Pepper Rubini & Reeves, LLC, Anchorage, for intervenors Marathon Oil Company, Union Oil Company of California, Forcenergy, Inc., Cook Inlet Regional Corporation, Inc., and Anadarko Petroleum Corporation.

T. Henry Wilson, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for intervenor Alaska Mental Health Trust.

Before MATTHEWS, Chief Justice, and EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

This case involves a challenge by citizens and environmental groups (collectively, Kachemak Bay) to the Department of Natural Resources' (DNR) decision that an oil and gas lease sale concerning state lands in Cook Inlet was (1) in the best interests of the state and (2) consistent with the state's coastal management program.

The challenge has two major aspects. First, Kachemak Bay...

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