State, Department of Natural Resources v. Nondalton Tribal Council
Alaska Supreme Court
1Opinion of the Court
OPINION
STOWERS, Justice.
I. INTRODUCTION
Six tribal councils, joined by two other associations (collectively "the Tribes"), filed an action against the State of Alaska, Department of Natural Resources (DNR) in the superior court in Dillingham seeking declaratory judgment that the 2005 Bristol Bay Area Plan (BBAP, the Plan) was unlawful. DNR's motion to dismiss under Civil Rule 12(b)(6) was denied and the superior court held that: (1) the BBAP is a regulation that must be promulgated under the Alaska Administrative Procedure Act (APA), and (2) Alaska Appellate Rule 602(a)(2)-which provides for a…
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