State of Alaska, Department of Natural Resources and Tom Irwin v. Nondalton…

Summary

The court held that the Tribes' challenge to the Bristol Bay Area Plan was not barred by the administrative appeal deadline because the Plan was not a final agency decision accompanied by the required notice of appeal rights. It also held that the Plan was not a regulation under the Alaska Administrative Procedure Act because, although it guided the agency's future decisions, it did not itself alter public rights, bind the public, or establish criteria governing particular applications. The court reversed the superior court's contrary ruling and remanded for further proceedings.