By BRENDA JOSEPHSON
Gov. Dunleavy responds to Alaska Legislative Council’s allocation of $100,000 to fund a lawsuit challenging his Executive Order to establish a Department of Agriculture.
In a letter dated September 15, 2025, addressed to Senate President Gary Stevens and House Speaker Bryce Edgmon, Dunleavy outlined his stance, on why he declined to withdraw the executive order to establish a Department of Agriculture emphasizing the lack of clear constitutional restrictions on his authority.
The letter states that on August 2, 2025—the first day of the First Special Session of the 34th Legislature—Dunleavy transmitted the executive order to elevate the Division of Agriculture, currently within the Department of Natural Resources, into a cabinet-level agency. He noted that the legislature failed to disapprove the order, and on August 18, 2025, Stevens and Edgmon requested its voluntary withdrawal, arguing it had been previously rejected and that the constitution does not permit executive orders during special sessions.
Dunleavy responded, “I declined to withdraw the Order because it is not clear to me that the Alaska Constitution limits the time when a governor may issue an Executive Order pursuant to Article III, Section 23.”
He further contends that the constitution does not explicitly grant the legislature authority to disapprove an executive order in any manner beyond the process outlined in Section 23, which requires a joint session vote. Since no such vote occurred during the special session, Dunleavy maintained that the order remains valid.
The governor acknowledged the dispute, stating, “There clearly exists a disagreement between the Executive and Legislative branch as to the governor’s ability to introduce an Executive Order in a special session.” He added, “When such a dispute exists, it is appropriate to seek clarification from the courts. Because the legislature has now chosen to expend limited fiscal resources on outside counsel and pursue litigation, I can only surmise that the legislature shares my view of the importance of having the court provide clarification regarding this constitutional question. I welcome that clarification for the benefit of future governors and legislatures.”
This response follows the Alaska Legislative Council’s September 10, 2025, 9-2 vote to allocate up to $100,000 in taxpayer funds for a lawsuit challenging the order, with Reps. Chuck Kopp (R-Anchorage) and Mike Prax (R-North Pole) dissenting. The order, first issued on December 20, 2024, and rejected 32-28 in March 2025 over cost concerns, was reintroduced during the August special session focused on education funding, prompting the current legal challenge.
The lawsuit, likely to involve Anchorage-based firm Stoel Rives, aims to determine if legislative inaction equates to approval. Prax has argued the legal basis is weak, advocating for dialogue over litigation, aligning with Dunleavy’s reference to constitutional ambiguity.
See our prior coverage:
Alaska Legislative Council allocates $100,000 to sue Gov. Dunleavy over Ag Dept Executive Order.
Brenda Josephson is a board member of Alaska Gold Communications, Inc., the publisher of Must Read Alaska. You can contact her via email at [email protected].