Alaska Community Action on Toxics v. Hartig

OPINION

MAASSEN, Justice.

I. INTRODUCTION

This appeal involves the issuance of a permit by the State Department of Environmental Conservation, Division of Environmental Health (the Department), to the Alaska Railroad Corporation for the use of herbicides to control vegetation along a railroad right-of-way. Two public interest organizations, Alaska Community Action on Toxies (ACAT) and Alaska Survival, contend that the Department's issuance of the permit violated due process and the public notice requirement of AS 46.08.320; that the Department abused its discretion in accepting the permit…