State, Department of Natural Resources v. Nondalton Tribal Council

Summary

The Alaska Supreme Court held that Appellate Rule 602(a)(2) did not bar tribal councils' challenge to the Bristol Bay Area Plan because the plan was not a final agency decision accompanied by the required appeal notice. The court also held that the Bristol Bay Area Plan was not a regulation under the Alaska Administrative Procedure Act because it guided the Department of Natural Resources' subsequent actions without directly altering the rights or interests of the public.

Holdings

1. Rule 602(a)(2) did not bar the Tribes' claims because neither the Bristol Bay Area Plan nor its associated land classification order clearly stated that it was a final decision or that affected parties had thirty days to appeal, and DNR did not show that either decision was mailed or otherwise distributed to the Tribes.
2. The Bristol Bay Area Plan was not a regulation under the Alaska Administrative Procedure Act.

Questions Presented

1. Whether Alaska Appellate Rule 602(a)(2)'s time limit for appeals from administrative decisions barred the Tribes' action challenging the Bristol Bay Area Plan.
2. Whether the Bristol Bay Area Plan is a regulation under the Alaska Administrative Procedure Act and therefore subject to judicial review under AS 44.62.300.

Disposition

reversed_and_remanded