Trustees for Alaska v. Gorsuch
Alaska Supreme Court
835 P.2d 1239 (1992)
- Written by Miller Jozwiak, JD
Facts
The Alaska Surface Coal Mining Control and Reclamation Act (ASCMCRA) required individuals to obtain permits prior to engaging in surface mining and reclamation. A coal company sought a coal mining permit, which an Alaska administrative agency (defendant) approved. Trustees for Alaska and other groups (trustees) (plaintiffs) appealed the agency’s decision. The agency upheld the decision, which a court also affirmed. The trustees appealed the decision, claiming that the agency erred by (1) refusing to require that certain off-site facilities related to the proposed mining operation be covered by the permit, (2) approving a bond amount that did not reflect the reclamation costs, (3) approving the permit without a showing that the company’s reclamation plan would restore prior uses of the land, and (4) not requiring that the bond-release criteria require successful completion of reclamation.
Rule of Law
Issue
Holding and Reasoning (Compton, J.)
Dissent (Rabinowitz, C.J.)
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