State of Alaska Department of Fish & Game v. Cook…

Summary

The Alaska Supreme Court reversed the superior court’s summary‑judgment order, holding that the Commissioner of the Department of Fish and Game possessed the authority to repeal the jet‑ski ban in the Kachemak Bay and Fox River Flats Critical Habitat Areas, that the repeal was consistent with the purpose of the Critical Habitat Area statutes, and that the repeal was reasonable and not arbitrary. Accordingly, the case was remanded for entry of summary judgment in favor of the State and further determination of prevailing‑party status and attorney’s‑fees awards.