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STATE v. NONDALTON TRIBAL COUNCIL

No. S-13681.

268 P.3d 293 (2012)

STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES and Tom Irwin, Commissioner of Natural Resources, Petitioners, v. NONDALTON TRIBAL COUNCIL, Koliganek Village Council, New Stuyahok Traditional Council, Ekwok Village Council, Curyung Tribal Council, Levelock Village Council, AIFMA Cooperative Inc. d/b/a The Alaska Fishermen's Marketing Association, and Trout Unlimited, Inc., Respondents.

Supreme Court of Alaska.

January 20, 2012.

Attorney(s) appearing for the Case

J. Anne Nelson , Assistant Attorney General, John T. Baker , Senior Assistant Attorney General, Anchorage, and Daniel S. Sullivan , Attorney General, Juneau, for Petitioners.

Geoffrey Y. Parker , Law Office of Geoffrey Y. Parker, and Thomas E. Meacham , Anchorage, for Respondents.

Samuel J. Fortier and Rachel Lauesen , Fortier & Mikko, P.C., Anchorage, for Amicus Curiae Alaska Peninsula Corporation.

Peter Van Tuyn , Bessenyey and Van Tuyn, LLC, Anchorage, and Valerie L. Brown , Law Office of Valerie Brown, LLC, Anchorage, for Amicus Curiae Bristol Bat Native Corporation.

Before: CARPENETI, Chief Justice, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

STOWERS, Justice.

I. INTRODUCTION

Six tribal councils, joined by two other associations (collectively "the Tribes"), filed an action against the State of Alaska, Department of Natural Resources (DNR) in the superior court in Dillingham seeking declaratory judgment that the 2005 Bristol Bay Area Plan (BBAP, the Plan) was unlawful. DNR's motion to dismiss under Civil Rule 12(b)(6) was denied and the superior court held that: (1) the...

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