Alaska Supreme Court

Sullivan v. Resisting Environmental Destruction on Indigenous Lands

March 29, 2013

Summary

The court reversed the superior court and held that the Alaska Constitution and AS 38.05.035 do not require DNR to issue a separate written best-interest finding after the lease-sale phase of a multiphase oil and gas project. It also held that later phases are not separate disposals requiring additional best-interest findings, although the State must continue to consider cumulative impacts and provide meaningful public notice as project information develops. The court treated the statutory best-interest-finding procedure as legislative rather than constitutionally mandated, while preserving the constitutional duty to take a continuing hard look at public-interest factors.