Alyeska Pipeline Service Co. v. State, Department of Environmental Conservation

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The Alaska Department of Environmental Conservation billed Alyeska Pipeline Service Co. for costs the department incurred defending against Alyeska's administrative challenge of an air quality control permit. Although federal law requires the department to recover all permit-related costs from industry, Alyeska argues that state law and due process do not allow the department to recover these costs directly from the appealing permit holder. Because we interpret former AS 46.14.240 as allowing the fee assessment, and because Alyeska has failed to…