HB 215: "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."
00 HOUSE BILL NO. 215 01 "An Act relating to the judicial review of a right-of-way lease or the development or 02 construction of an oil or gas pipeline on state land." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 38.35.200 is amended to read: 05 Sec. 38.35.200. Judicial review [OF DECISIONS OF COMMISSIONER 06 ON APPLICATION]. (a) An applicant, a [OR] competing applicant, or a person who 07 has a direct financial interest affected by the lease of a right-of-way under this 08 chapter, that [WHO] raises an objection [OBJECTIONS] within the later of 60 days 09 after the effective date of this Act or [OF] the publication of notice under 10 AS 38.35.070, are the only persons with standing to seek judicial review of 11 (1) a decision of the commissioner under AS 38.35.100; or 12 (2) an approval, permit, license, certificate, or other authority 13 related to the development or construction of a pipeline project that uses a right- 14 of-way subject to this chapter.
01 (b) The only grounds for judicial review authorized under (a) of this section 02 [OF A DECISION OF THE COMMISSIONER] are 03 (1) failure to follow the procedures set out in this chapter; or 04 (2) abuse of discretion so capricious, arbitrary, or confiscatory as to 05 constitute a denial of due process.