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CONSERVATION FOUND. v. PEBBLE LTD. P'SHIP

Nos. S-15059, S-15089, S-15060.

350 P.3d 273 (2015)

ALASKA CONSERVATION FOUNDATION, Petitioner, v. PEBBLE LIMITED PARTNERSHIP, Respondent. Nunamta Aulukestai, Ricky Delkittie, Sr., Violet Willson Bella Hammond, and Victor Fischer, Petitioners, v. State of Alaska, Department of Natural Resources, and Pebble Limited Partnership, Respondents. Trustees for Alaska, Petitioner, v. Pebble Limited Partnership, Respondent.

Supreme Court of Alaska.

May 29, 2015.

Attorney(s) appearing for the Case

Susan Orlansky and William J. Wailand , Feldman Orlansky & Sanders, Anchorage, for Petitioner Alaska Conservation Foundation.

Nancy S. Wainwright , Victoria Clark , and Stephen E. Cotton , Trustees for Alaska, Anchorage, for Petitioners Nunamta Aulukestai, et al.

William S. Cummings , Friedman Rubin, Bremerton, Washington, for Petitioner Trustees for Alaska.

Matthew Singer , Howard S. Trickey , and Robert J. Misulich , Jermain Dunnagan & Owens, P.C., Anchorage, for Respondent Pebble Limited Partnership.

John A. Treptow , Senior Assistant Attorney General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Respondent State of Alaska.

Brettny Hardy , Thomas S. Waldo , and Shawn Eisele , Earthjustice, Juneau, for Amici Curiae Council on Foundations, Sierra Club, Northern Alaska Environmental Center, and Alaska Community Action on Toxics.

Joshua A. Decker and David C. Embree , American Civil Liberties Union of Alaska Foundation, Anchorage, for Amici Curiae Alaska Legal Services Corporation, American Civil Liberties Union of Alaska Foundation, Native American Rights Fund, Northern Justice Project, LLC, and Planned Parenthood of the Great Northwest.

Before: WINFREE, MAASSEN, and BOLGER, Justices, and MATTHEWS and EASTAUGH, Senior Justices.

OPINION

I. INTRODUCTION

Alaska Statute 09.60.010 was enacted to abrogate our previous common law public interest litigation attorney's fees framework and replace it with a narrower constitutional litigation framework. The statute both encourages and protects those challenging governmental action as a...

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