Vote Yes for Alaska's Fair Share v. Resource Development Council for Alaska, Inc., Alaska Trucking Association…

Summary

The court affirmed that the trade associations were qualified non-prevailing constitutional claimants because they lacked a sufficient direct economic incentive to bring the litigation regardless of its constitutional issues. Because the statutory protection for qualified constitutional claimants barred an attorney-fee award for the constitutional claims, the court vacated the Rule 82 fee award to Fair Share. The court did not decide whether Fair Share itself qualified as a constitutional claimant.