Alaska Supreme Court

Nunamta Aulukestai; Ricky Delkittie, Sr.; Violet Willson; Victor Fischer; and Bella Hammond, Appellants And…

May 29, 20152015 Alas. LEXIS 59

Summary

The court held that the mineral land use permits issued for intensive exploration were functionally irrevocable and therefore constituted disposals of interests in state land requiring prior public notice under the Alaska Constitution. The court distinguished the associated temporary water use permits, which were not functionally irrevocable, rejected the State's exhaustion and claim-splitting objections, and remanded for entry of a declaratory judgment. The court declined to decide whether the Constitution independently required a best-interest finding or to address other challenges concerning expired permits.