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DENALI CITIZENS COUNCIL v. STATE

No. S-14896.

318 P.3d 380 (2014)

DENALI CITIZENS COUNCIL, Appellant, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, and Usibelli Coal Mine, Inc., Appellees.

Supreme Court of Alaska.

February 14, 2014.

Attorney(s) appearing for the Case

Peter Van Tuyn and Karen E. Schmidt , Bessenyey & Van Tuyn, L.L.C., Anchorage, for Appellant.

Rebecca Kruse , Assistant Attorney General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Appellee Department of Natural Resources. David J. Mayberry and Kyle W. Parker , Crowell & Moring L.L.P., Anchorage, for Appellee Usibelli Coal Mine, Inc.

Before: FABE, Chief Justice, WINFREE, STOWERS, MAASSEN, and BOLGER, Justices.

OPINION

BOLGER, Justice.

I. INTRODUCTION

This is an administrative appeal from a decision by the Department of Natural Resources (DNR) to grant Usibelli Coal Mine (Usibelli) a gas exploration license in the Healy Basin (the Healy license). Denali Citizens Council (Denali Citizens), a community-based public interest group located in the Denali Borough, challenges DNR's finding that issuing the license is in the best interests of the state...

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