Alaska Conservation Foundation, Petitioner v. Pebble Limited Partnership, Respondent; Nunamta Aulukestai, Ricky…

Summary

The court held that the statutory phrase "sufficient economic incentive" carries forward the meaning developed under Alaska's former public-interest-litigation doctrine. A claimant has sufficient economic incentive only when the litigation is primarily intended to advance a direct economic interest, assessed from the nature of the claim, relief sought, and direct economic benefit at stake. Because the plaintiffs sought changes to the permitting process rather than economic relief and neither they nor potential funders had a direct economic interest in the outcome, the court vacated the broad discovery order and remanded.