SULLIVAN v. REDOIL

No. S-14216.

311 P.3d 625 (2013)

Daniel S. SULLIVAN, Commissioner, State of Alaska, Department of Natural Resources, Petitioner, v. RESISTING ENVIRONMENTAL, DESTRUCTION ON INDIGENOUS LANDS (REDOIL), Gwich'in Steering Committee, Alaska Wilderness League, Center for Biological Diversity, and Northern Alaska Environmental Center, Respondents.

Supreme Court of Alaska.

Rehearing Denied November 1, 2013.


Attorney(s) appearing for the Case

Joanne M. Grace and Rebecca Kruse , Assistant Attorneys General, Anchorage, and John J. Burns , Attorney General, Juneau, for Petitioner.

Brook Brisson and Victoria Clark , Trustees for Alaska, Anchorage, for Respondents.

James E. Torgerson and John R. Evans , Stoel Rives LLP, Anchorage, for Amicus Curiae ConocoPhillips Alaska, Inc.

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


OPINION

STOWERS, Justice.

I. INTRODUCTION

The State of Alaska Department of Natural Resources, Oil and Gas Division (DNR), petitioned for review of the superior court's decision that under AS 38.05.035, the lack of continuing best interest findings (BIF) at each phase of an oil and gas project violated article VIII of the Alaska Constitution and that DNR must issue a written best interest finding at each step of a phased project to satisfy...

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