MALLOTT v. STAND FOR SALMON

Supreme Court No. S-16862.

431 P.3d 159 (2018)

Byron MALLOTT, Lieutenant Governor of the State of Alaska, and State of Alaska, Division of Elections, Appellants, v. STAND FOR SALMON, Appellee.

Supreme Court of Alaska.

Rehearing Denied December 27, 2018.


Attorney(s) appearing for the Case

Joanne Grace , Elizabeth Bakalar , and Katherine Demarest , Assistant Attorneys General, Anchorage, and Jahna Lindemuth , Attorney General, Juneau, for Appellants.

Katherine Strong and Valerie Brown , Trustees for Alaska, Anchorage, for Appellee.

James E. Torgerson and Tina M. Grovier , Stoel Rives LLP, Anchorage, and Ryan P. Steen , Stoel Rives LLP, Seattle, Washington, for Amici Curiae Alaska Oil and Gas Association and Resource Development Council for Alaska, Inc.

Matthew Singer and Lee C. Baxter , Holland & Knight LLP, Anchorage, for Amicus Curiae ANCSA Regional Association.

Geoffrey Y. Parker , Law Office of Geoffrey Y. Parker, Anchorage, for Amici Curiae Bristol Bay Fishermen's Association and Ekwok Village Council.

Eric B. Fjelstad , James N. Leik , and Elena M. Romerdahl , Perkins Coie LLP, Anchorage, for Amicus Curiae Council of Alaska Producers.

Before: Stowers, Chief Justice, Winfree, Maassen, Bolger, and Carney, Justices.


OPINION

I. INTRODUCTION

The Lieutenant Governor declined to certify a proposed ballot initiative that would establish a permitting requirement for activities that could harm anadromous fish habitat, reasoning that the initiative effected an appropriation of state assets in violation of article XI, section 7 of the Alaska...

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