Submerged Lands and the Public Trust Doctrine

On June 16, 2011, the Alaska Department of Law published an Attorney General’s Opinion authored by John T. Baker, Sr. Assistant Attorney General addressing the issue of whether or not legislation authorizing the Alaska Department of Natural Resources to convey certain lands for the Izembek land exchange included submerged lands. (The exchange would facilitate the construction of a road connecting King Cove with Cold Bay, a long sought after project which crosses National Wildlife Refuge Lands.) Baker examines the public trust doctrine in light of a number of cases, and concludes the law as passed does not and cannot purport to allow such a conveyance. (This is a good compilation of references on the issue. CLP)

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IR/WA Arctic Trails Chapter 71