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ALASKA COMMUNITY ACTION ON TOXICS v. HARTIG

Nos. S-14823, S-14863, S-14873.

321 P.3d 360 (2014)

ALASKA COMMUNITY ACTION ON TOXICS, Alaska Survival, and Cook Inletkeeper, Appellants/Cross-Appellees, v. Lawrence HARTIG, Commissioner of the Alaska Department of Environmental Conservation (in his official capacity), and Alaska Department of Environmental Conservation, Division of Environmental Health, and Alaska Railroad Corporation, Appellees/Cross-Appellants.

Supreme Court of Alaska.

March 21, 2014.

Attorney(s) appearing for the Case

Paul H. Bratton , Law Offices of Paul H. Bratton, Talkeetna, for Appellants/Cross-Appellees.

Laura Fox , Assistant Attorney General, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Appellees/Cross-Appellants Lawrence Hartig, Commissioner, and the Alaska Department of Environmental Conservation, Division of Environmental Health.

Brian J. Stibitz , Reeves Amodio LLC, Anchorage, for Appellee/Cross-Appellant Alaska Railroad Corporation.

Before: FABE, Chief Justice, WINFREE, STOWERS, MAASSEN, and BOLGER, Justices.

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 Toxics (ACAT) and Alaska Survival, contend that the Department's issuance...

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