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KANUK EX REL. KANUK v. STATE, DEPT. OF NATURAL RESOURCES

No. S-14776.

335 P.3d 1088 (2014)

Nelson KANUK, a minor, by and through his guardian, Sharon KANUK; Adi Davis, a minor, by and through her guardian, Julie Davis; Katherine Dolma, a minor, by and through her guardian, Brenda Dolma; Ananda Rose Ahtahkee Lankard, a minor, by and through her guardian, Glen "Dune" Lankard; and Avery and Owen Mozen, minors, by and through their guardian, Howard Mozen, Appellants, v. STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES, Appellee.

Supreme Court of Alaska.

Rehearing Denied October 28, 2014.

Attorney(s) appearing for the Case

Brad D. De Noble , Eagle River, for Appellants.

Seth M. Beausang , Assistant Attorney General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Appellee.

Peter Van Tuyn , Rebecca L. Bernard , and Teresa B. Clemmer , Bessenyey & Van Tuyn, L.L.C., Anchorage, for Amici Curiae Law Professors.

Gabriel W. Scott , Cordova, for Amicus Curiae Alaska Inter-Tribal Council.

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

OPINION

MAASSEN, Justice.

I. INTRODUCTION

The appellants in this case are minors from communities across Alaska who claim that the State has violated its duties under the Alaska Constitution and the public trust doctrine by failing to take steps to protect the atmosphere in the face of significant and potentially disastrous climate change. The minors argue that the superior court erred when it...

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