NORTHERN ALASKA ENVIRONMENTAL CENT. v. DNR

No. S-9367.

2 P.3d 629 (2000)

NORTHERN ALASKA ENVIRONMENTAL CENTER and Sierra Club, Appellants, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, and John T. Shively, in his official capacity as Commissioner thereof, and Golden Valley Electric Association, Appellees.

Supreme Court of Alaska.

June 2, 2000.


Attorney(s) appearing for the Case

Thomas S. Waldo and Eric Jorgensen, Earthjustice Legal Defense Fund, Juneau, and Steven C. Davis, Seattle, Washington, for Appellants.

Mary Ann Lundquist, Assistant Attorney General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee State of Alaska.

John J. Burns and Thomas R. Manniello, Borgeson & Burns, PC, Fairbanks, and Peter H. Haller and Leslie R. Schenck, Ater Wynne, LLP, Seattle, Washington, for Appellee Golden Valley Electric Association.

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


OPINION

FABE, Justice.

I. INTRODUCTION

The Department of Natural Resources granted Golden Valley Electric Association a right-of-way permit for the construction of an electric transmission line across sixty-five miles of state land between Healy and Fairbanks. DNR claims that this permit is exempted from the best interest finding requirement of AS 38.05.035(e) due to its revocable nature. Because the permit is not revocable for purposes...

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