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ALYESKA PIPELINE SERVICE v. STATE, DEC

No. S-12029.

145 P.3d 561 (2006)

ALYESKA PIPELINE SERVICE COMPANY, Appellant, v. STATE of Alaska, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Appellee.

Supreme Court of Alaska.

October 13, 2006.

Attorney(s) appearing for the Case

Svend A. Brandt-Erichsen, Heller Ehrman LLP, Seattle, Washington, for Appellant.

Steven E. Mulder, Assistant Attorney General, Anchorage, and David W. Márquez, Attorney General, Juneau, for Appellee.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The Alaska Department of Environmental Conservation billed Alyeska Pipeline Service Co. for costs the department incurred defending against Alyeska's administrative challenge of an air quality control permit. Although federal law requires the department to recover all permit-related costs from industry, Alyeska argues that state law and due process do not allow the department to recover...

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