AK House Majority
The 27th Alaska State Legislature, 2011 - 2012  
Sponsor Statement: House Bill 215

Pipeline Project: Judicial Review/Row

Ak Legislative MajorityAk Legislative Majority
Rep. Mike Chenault R-29
Ak Legislative Majority

Rep. Mike Chenault

Chair, (H) CCM Com.
Co-Chair, (L) HECR Com.
Ak Majority Organization

Ak Majority Organization

An Act relating to the judicial review of a right-of-way lease or the development or construction of an oil or gas pipeline on state land; and relating to the lease of a right-of- way by the Alaska Housing Finance Corporation for a gas pipeline transportation corridor.

Posted: April 4, 2011 : v27-LS0741-M
Bill Version: CSHB 215(JUD) AM
Status: (S) JUD : 2011-04-12

The objective of House Bill 215 is to prohibit the filing of lawsuits that have the potential to delay construction of in-state gaslines. The provisions under House Bill 215 modify current statute and the provisions only apply to state land rights-of-way. Claims may be filed only by an applicant, a competing applicant or a person who has a direct financial interest affected by the lease of a right-of-way. The requests for judicial review must be filed within 60 days of the publication of notice for a right-of-way lease application. Judicial review may only be granted for claims challenging the validity of the statute or challenging a denial of rights under the state constitution. Any claim will be barred unless it is filed within the 60 day time frame.

All claims are to be filed in Alaska Superior Court which will have exclusive jurisdiction to determine the proceeding. The court will not have the jurisdiction to grant any injunctive relief with the exception of an issuance of a final judgment.

This legislation is modeled after the Trans-Alaska Pipeline legislation, 43 USC, Chapter 34, that was adopted by Congress in 1973 (43 USC, Chapter 43, Sec. 1652 (d).) Similar legislation to House Bill 215 was passed by the Alaska State Legislature in 1973, Senate Bill 3, related to the TAPS line.

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