Citizens for the Preservation of the Kenai River, Inc. v. Sheffield

OPINION

MOORE, Justice.

The Citizens for the Preservation of the Kenai River, Inc. (CPKR) challenged the validity of a state regulation promulgated by the Department of Natural Resources (DNR) that prohibits the operation of boats with motors of more than 35 horsepower *625on the Kenai River. See 11 AAC 20.860 (eff. 5/11/85; am. 4/25/86). The superior court granted summary judgment to the State. The court denied the State’s motion for attorneys’ fees on the ground that CPKR was a public interest litigant.

CPKR appeals, arguing that the superior court incorrectly assigned to CPKR the burden of…