State, Department of Natural Resources v. Greenpeace, Inc.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Greenpeace, Inc. argues that the State of Alaska deprived Greenpeace of due process when the state lifted its stay of a temporary water use permit on one day’s notice. The public interest exception justifies our consideration of the due process issue although it is technically moot. We hold that although lifting the stay on one day’s notice denied Greenpeace a fair opportunity to be heard, its subsequent opportunity to litigate both the lifting of the stay and the permit’s merits cured this violation of due process. We therefore reverse the superior…