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ALASKA CENTER FOR ENVIRONMENT v. RUE

No. S-10887.

95 P.3d 924 (2004)

ALASKA CENTER FOR the ENVIRONMENT, and Alaska Wildlife Alliance, Appellants, v. Frank RUE, Commissioner, Alaska Department of Fish and Game, and State of Alaska, Appellees.

Supreme Court of Alaska.

July 30, 2004.

Attorney(s) appearing for the Case

Valerie L. Brown and Robert W. Randall, Trustees for Alaska, Anchorage, for Appellants.

Jon K. Goltz, Assistant Attorney General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellees.

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

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

The Alaska Center for the Environment and the Alaska Wildlife Alliance (collectively, "the center") filed a superior court action challenging a decision by the Commissioner of Fish and Game declining to list the Cook Inlet beluga whale as endangered under the Alaska Endangered Species Act. The commissioner found that Cook Inlet belugas failed to qualify for endangered species listing because...

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