Court Rules on Exploration Project Permitting

摘要

In an exhaustive 154-page decision disposing of all remaining claims against the State of Alaska, Superior Court Judge Eric A. Aarseth found that, in conjunction with the Pebble (mineral exploration) Project in Southwest Alaska, the state's Miscellaneous Land Use Permit (MLUP) system, as administered, and the state's Temporary Water Use Permit (T WUP) program, as administered, did not violate the provisions of Article VIII of the Alaska Constitution. Nunamta Aulukestai v. Alaska, No. 3AN-09-09173CI (Alaska Super. Ct. Sept. 26,2011), http ://law.alaska.gov/pdf/press/ 092811-Nunamta.pdf. In an earlier ruling Judge Aarseth had found that the two programs, essential to mineral exploration on state-owned land, were constitutional on their face. Id. at 8. His earlier ruling, however, allowed plaintiffs to adduce evidence to show that the programs were unconstitutional as applied. Id.