Alaska Supreme Court
Teck American Incorporated and State of Alaska, Department of Natural Resources v. Valhalla Mining, LLC, Teck…
April 21, 2023528 P.3d 30
Summary
The court held that the reasonable-basis standard applies to DNR’s interpretation of the statutory cure provision because determining when an abandoned mining claim may be cured implicates DNR’s expertise and policy responsibilities. Applying that deferential standard, the court upheld DNR’s reasonable interpretation that a prior owner may cure abandonment when an intervening claimant’s overlapping claim has itself been abandoned, and it affirmed DNR’s determinations concerning the timing of abandonment and the absence of a two-year cure deadline. The court therefore reversed the superior court and affirmed DNR’s decision recognizing Teck’s ownership.