HB 168-INJUNCTION SECURITY: INDUSTRIAL OPERATION  1:35:03 PM CHAIR EGAN announced consideration of HB 168 [CSHB 168(JUD), labeled 27-LS0395\D, was before the committee]. ANDY MODEROW, Executive Director, Alaska Conservation Alliance, opposed HB 168, and said he was concerned that this legislation is unconstitutional, punitive and would do nothing to stop frivolous litigants. Further, it would require Alaskans to pay the corporate costs of a permit delay if a judge grants temporary release after an initial review, which places a hold on a permit. Temporary release is only granted if a judge decides two things: that the case against the permit is likely to succeed and that irreparable harm will be caused in the absence of a temporary release being given. MR. MODEROW explained that two things could cause a strong case against a permit in the eyes of the court: if a court believes a corporation isn't following the terms of the permit and if a court believes the government issued the permit in error. 1:37:00 PM If a case is frivolous, it will be dismissed and no project delay will occur, Mr. Moderow said, and hence, this only punishes the Alaskans who bring strong cases to court and nothing punishes the frivolous litigants who have their cases quickly dismissed. Requiring a citizen to pay for a governmental error or a corporate misdeed puts a very chilling effect on a long American tradition of protecting whistle blowers. Indeed, it only penalizes the whistle blowers who make a strong case in the eyes of the judge. He pointed out that this legislation impacts Alaskans, communities, tribal organizations and potentially even the state of Alaska. MR. MODEROW said in reviewing cases where this bill would apply, he found one where Bella Hammond and Vic Fisher challenged the legitimacy of some Pebble water discharge permits. Alaskans like them should not have to pay for the corporate cost of delay, particularly when after a judicial review the judge finds their case likely has merit. 1:37:52 PM This legislation has been framed as a jobs bill, but instead of charging Alaskans millions of dollars to hold their government accountable, the core of the problem could be addressed through adequately funded, strong permitting programs that make certain that when judicial review occurs, a permit is upheld and the case is dismissed. This is a better tactic than taking away the ability of an Alaskan to point out a governmental error. 1:38:44 PM REPRESENTATIVE ERIC FEIGE, sponsor of HB 168, responded that a lot of objections that have been raised are opinions, and in SB 168 he was trying to essentially allow people to work and not have their projects stopped unless there is a good argument to the contrary. 1:39:48 PM SENATOR PASKVAN joined the committee. REPRESENTATIVE FEIGE said this bill does not prevent a lawsuit from being filed or a request for an injunction as part of that lawsuit. Whenever an injunction is requested, he said there generally two reasons: one is a legitimate concern that somehow the operation continuing would have an adverse effect on the plaintiff and the other is to delay because of a philosophical objection to it. He explained that HB 168 provides the judge with a fair amount of latitude. Court Rule 65(c) already allows for bonds and security to be posted, but this measure would provide an additional emphasis on the part of the legislature to give the judge certain things to consider when it comes to that security or bond. CHAIR EGAN closed public testimony and removed his objection. SENATOR PASKVAN moved to report CSHB 168(JUD), version \D, from committee to the next committee of referral with individual recommendations and attached fiscal note(s). There were no objections, and it was so ordered.