Alaska Supreme Court
Alaskan Crude Corp. v. State
October 7, 2011261 P.3d 412
Summary
The Alaska Supreme Court affirmed the superior court's decision upholding the Department of Natural Resources Commissioner's determination that Alaskan Crude's pending administrative appeal and related litigation did not constitute force majeure excusing missed work obligations. The court held that the applicable force majeure provision was governed by the unit agreement and incorporated regulatory definition, which the agency reasonably interpreted. It also held that the Commissioner's default cure demand followed the unit agreement's procedures and therefore was not a unilateral amendment.