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STATE, DNR v. GREENPEACE, INC.

No. S-10409.

96 P.3d 1056 (2004)

STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, Appellant, v. GREENPEACE, INC., and BP Exploration (Alaska) Inc., Appellees.

Supreme Court of Alaska.

Rehearing Denied June 18, 2004.

Attorney(s) appearing for the Case

Robert C. Nauheim, Assistant Attorney General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellant.

Nancy S. Wainwright, Law Offices of Nancy S. Wainwright, Anchorage, for Greenpeace, Inc.

Jeffrey M. Feldman, Susan Orlansky, and Ruth Bostein, Feldman & Orlansky, Anchorage, for BP Exploration (Alaska) Inc.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Greenpeace, Inc. argues that the State of Alaska deprived Greenpeace of due process when the state lifted its stay of a temporary water use permit on one day's notice. The public interest exception justifies our consideration of the due process issue although it is technically moot. We hold that although lifting the stay on one day's notice denied Greenpeace a fair opportunity to be heard, its subsequent...

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