Nunamta Aulukestai v. State, Department of Natural Resources

Summary

The Alaska Supreme Court considered whether mineral exploration land-use and water-use permits issued by the Department of Natural Resources conveyed an interest in state land and therefore required prior public notice under article VIII, section 10 of the Alaska Constitution. The court held that the permits were not functionally revocable, constituted a disposal of an interest in land, and should have been preceded by public notice. It reversed the superior court’s judgment and remanded.

Holdings

1. The MLUPs were functionally irrevocable and therefore conveyed interests in state land. They were disposals subject to article VIII, section 10 of the Alaska Constitution, which required prior public notice.
2. The TWUPs were not disposals of interests in land because they did not satisfy the functional-irrevocability analysis.
3. The superior court properly denied dismissal for failure to exhaust administrative remedies.
4. The rule against claim splitting did not bar the action.

Questions Presented

1. Whether the MLUPs authorizing intensive mineral exploration were functionally irrevocable and therefore disposals of interests in state land requiring prior public notice under article VIII, section 10 of the Alaska Constitution.
2. Whether the TWUPs authorizing temporary water use were disposals of interests in land under the same constitutional provision.
3. Whether the action was barred by failure to exhaust administrative remedies or by the rule against claim splitting.
4. Whether the expired permits rendered the merits moot while leaving a live controversy concerning prevailing-party status and attorney's fees.

Disposition

reversed_and_remanded