Monday, October 13, 2025
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Ryan Sheldon: Republicans Stand Up!

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In light of the recent election results in Fairbanks, Palmer and Ketchikan, three Conservative strongholds, in which republicans lost both mayoral and assembly seats to Democrats, we, the Alaska Republican Party must reflect on what we are fighting for. Are we fighting for the values of grassroots Alaskans that need our help the most at the local level? I have heard complaints about Ranked Choice Voting, local elections not being on the first Tuesday of November, local elections being held in “off years”, and more. I want to remind everyone that these facts are not excuses, but rather parts of the game we play. Certainly, we can change the game in the future, but what we face now is how the game is set: a game with ranked choice voting, with local elections in off years, with local elections not on the first Tuesday of November, etc. We must learn the game well, organize well, and play to win. 

Precinct leaders, district executive members, regional representatives, and all other party leadership must look at our local elections as the bread and butter of what we have set out to accomplish: republican majorities statewide at all levels. Being elected to these party positions is a means to start the brush fire that captures the grassroots voters and brings them to the polls to influence elections. State and national elections are undoubtedly important, but we need a bench of Republicans locally ready to run and serve in higher office when the calling arises. 

If you are a member of any party elected seat (precinct, district, regional, etc.) I boldly ask you to prepare and plan for the next election cycle with your fellow district and regional members. 

Without a proper plan, there can be no action and no victory. That’s why I am calling an emergency meeting of all Mat-Su and Region 2 district committees to convene and discuss what our plan is for a get-out-the-vote effort in our local election beginning October 20. We must now put our money where our mouths are and elect the people we want to represent us, and who are reflective of our values, at the most fundamental level of government. If you are a Mat-Su/Region 2 district committee member, please look for an email from me. Together we can, and do win. It is time to get to work. 

Ryan Sheldon is the Region 2 Director of the Alaska Republican Party.

Range Renovations Funded by Federal Sales Tax on Guns, Ammo, and Archery 

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The Hank Harmon Public Range in Juneau received a much-needed makeover this summer. Alaska’s Department of Fish and Game (ADF & G) gave the range almost a million dollars out of its Pittman-Robertson Hunter Access Grant, and the City of Juneau contributed about $100,000 as well. The federal government allocates money raised by federal sales tax on firearms, ammunition, and archery equipment to state fish and wildlife agencies.  

At the ribbon-shooting ceremony opening the renovated range on Sept 26 this year, Ryan Scott, the director of ADF & G’s Division of Wildlife Conservation, announced: “Everybody who buys firearms or ammunition or hunts, you made this happen.” 

Renovations included repairs and updates to the range’s seating accommodations, parking lot, restrooms, and safety equipment. The City of Juneau’s Parks & Recreation/ Public Works served as the project lead. The City hired the engineering firm ProHNS LLC to complete permitting, design, and construction management and hired Juneau-based Island Contractors to do the groundwork.  

Throughout America, 861 public ranges are supported by federal tax monies gathered from the shooting and hunting industry. Alaska’s Fish and Game funds three ranges in addition to Hank Harmon and operates three state ranges: the Rabbit Creek Shooting Park in Anchorage, Fairbanks Hunter Education Indoor Shooting Range, and Juneau Hunter Education Shooting Complex. 

Many Alaskans have fun family memories from our state’s great ranges. Share yours in the comments below! 

Natalie, a 2025 Hillsdale College graduate, recently joined the Must Read Alaska team. 

Municipality of Anchorage Creates Fun Way to Celebrate 50th Anniversary

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This September, the Municipality of Anchorage turned 50! To celebrate this milestone, MOA invites residents and visitors to participate in a scavenger hunt for hidden gems throughout the city.

Allie Hartman, the Communications Director for the Anchorage Assembly, comments on coming up with the celebratory activity: “And [we] thought to ourselves, ‘Wow, I think that there’s probably a lot of cool pockets and places that mean a lot to people all throughout the community.’ And so, we decided that, as part of the 50th, we would open up the call for folks to share their hidden gems.”

After collecting responses from Anchorage residents about their favorite places, the MOA team picked the top 10 for the scavenger hunt. You can find the top 10 hidden gems here. MOA invites participants to send a selfie from your favorite place to @thankorage on Instagram or Facebook for a chance to win an official MOA50 t-shirt! You can also sign up​ to receive the Hidden Gems Scavenger Hunt straight to your inbox. 

While the scavenger hunt highlights often overlooked public spaces, MOA also provides a full list of all the recommendations they received, including small businesses, local eateries, and more. Check out the full list here.

In this wild world of political chaos, sometimes one needs to simply have some good ol’ fun. MOA offers a creative way to explore, compete, and most importantly, to express gratitude for the bounteous recreational resources we have available to us.

Natalie Spaulding, a 2025 Hillsdale graduate, recently joined the Must Read Alaska team.

RCA Spurns Ratepayers, Upholds Chugach Electric’s “Cents of Community” Program

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In August, many members of Chugach Electric Association (CEA) denounced CEA’s automatic enrollment of all members into their “Cents of Community” Program. The program signed up every member to give an average of 50 cents per month to a grant fund which would be distributed to 501(c)(3) charities chosen by a CEA-approved board. Members would have zero say in which organizations received their hard-earned money. 

The outrage caught the attention of Attorney General Stephen Cox, who brought the issue to the attention of the Regulatory Commission of Alaska (RCA). He argued: “Because Chugach’s members are captive customers, the automatic round-up requires them to fund speech they may not agree with. That raises serious First Amendment concerns. Alaskans should not be put in the position of supporting organizations or advocacy they disagree with just to keep the lights on.” 

However, the RCA denied responsibility for curtailing CEA’s undermining of First Amendment rights. The RCA argued that the program “does not involve a utility-related service … Nor does it alter or increase the compensation Chugach collects for providing a utility-related service.”

On the other hand, RCA Chair John Espindola and Commissioner John Springsteen dissented. They argued: “By rounding up its members’ bills for electric service to the nearest dollar, the program directly affects charges imposed on members and we continue to believe this falls within the purview of the Commission’s jurisdiction.” 

AG Cox vows to continue to pursue the matter under the state’s consumer protection laws. “Yes, members can opt out — but they shouldn’t have to,” Cox stated. “The default should always be consent, not silence.” 

The state Department of Law late Tuesday released a “consumer alert” about utility charity programs, asking Alaskans to “report confusing billing or charitable charges to the Alaska Department of Law’s Consumer Protection Unit.” 

Generosity retains its virtue only when freely given. When coerced, charity programs like CEA’s “Community of Cents” become nothing more than legalized theft. The CEA should be held accountable for its manipulation of members’ money and circumvention of consent. 

Read the full RCA majority decision and dissenting opinions here:

Read our previous coverage of the issue here:

Chugach Electric customers are charged up over automatic “Round-Up” charges – Must Read Alaska 

BREAKING: New Alaska AG Cites “Compelled Speech” as Basis For Objection to Chugach Plan – Must Read Alaska 

Natalie Spaulding, a 2025 Hillsdale graduate, recently joined the Must Read Alaska team.

Newly Formed Alaska Gasline Caucus Launches

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A new, bipartisan Alaska Gasline Caucus, co-chaired by Rep. Mia Costello (R-Anchorage) and Rep. George Rauscher (R-Sutton), met for the first time yesterday to assess Alaska’s readiness for the proposed 800-mile Alaska LNG pipeline. The inaugural meeting in Anchorage featured presentations from Glenfarne Alaska LNG, the state Department of Labor and Workforce Development, and the University of Alaska, and was attended by over 20 legislators in person or via livestream.

Glenfarne, University, and State Leaders Weigh-In

Glenfarne President Adam Prestidge highlighted the pipeline’s alignment with the existing Trans-Alaska oil pipeline route for efficiency, describing it as the most engineered pipeline project to-date, with construction (“pipe rolling”) slated for mid-2026. The initiative is projected to create 12,000 jobs in Alaska. If approved, the Alaska LNG project will be one of the largest infrastructure projects on the planet. 

University officials, including Interim Dean Kevin Alexander of the University of Alaska Fairbanks Community & Technical College, reported near-capacity enrollment in construction-related programs, with certification pathways, but stressed a supply-demand imbalance for skilled workers.

Labor Commissioner Cathy Munoz outlined regulatory reforms to recognize out-of-state occupational licenses, retention strategies for military personnel, and updates to the statewide gas line workforce plan, with enhanced training capacity. Further details will follow legislative sessions in January.

Co-chairs Costello and Rauscher emphasized inter-agency accountability, free-flowing ideas, and legislative support to prioritize Alaskan benefits, while acknowledging ongoing questions as the project progresses. The caucus aims to ensure comprehensive state readiness for this “historic opportunity.”

“This project will bring tremendous opportunity to the state,” Costello said. “We are going to be asking all state departments ‘What have you done? What are you doing now, and what are you planning to do?’ We will be having many meetings, and we want to keep the ideas free flowing.”

The Phases, Major Partnerships, and Glenfarne’s Final Investment Decision

Glenfarne Group, LLC, solidified its role as the lead developer of the Alaska LNG project in March 2025, acquiring a 75% stake in collaboration with the Alaska Gasline Development Corporation (AGDC), which retains 25%. The 42-inch-diameter natural gas pipeline leverages existing infrastructure by paralleling much of the Trans-Alaska Pipeline System route.

The pipeline is designed for phased implementation to address both domestic and export demands. Phase One focuses on a 765-mile segment extending to the Anchorage area, aiming to mitigate perceived natural gas shortages in the Cook Inlet region, where production has plummeted.

Phase Two would extend the pipeline under Cook Inlet to a state-of-the-art 20 million tonnes per annum (MTPA) LNG export terminal in Nikiski, positioning Alaska to supply liquefied natural gas to high-demand Asian markets.

To drive economic feasibility, Glenfarne claims it has secured offtake agreements with major players, including Japan’s JERA for up to 4 MTPA, South Korea’s POSCO (which also commits to supplying steel for construction), and Thailand’s PTT. Engineering partnerships, notably with Worley, have refined designs, while expressions of interest from strategic partners exceed $115 billion in total, according to reports.

Glenfarne expects a final investment decision (FID) for the pipeline by late 2025, with full project FID in 2026, and construction commencing mid-2026. Peak construction is estimated to produce 12,000 jobs. Overall, the initiative represents a transformative infrastructure project with the promise to revitalize Alaska’s resource-based economy and to create a stable source of energy for consumers.

Questions and Concerns

With energy strategy shifting to North Slope gas in lieu of Cook Inlet gas, some southcentral consumers are wondering what will happen to Cook Inlet producers such as Hilcorp, Furie, and Bluecrest Energy. Similarly, railbelt utilities want assurances that connection agreements can be secured with 8-Star LLC to off-take natural gas adequate to outpace the supposed supply gap in Cook Inlet.

Dahlstrom Enters Alaska Gubernatorial Race 

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Yesterday, Oct. 7th, Nancy Dahlstrom officially announced her campaign for Governor of Alaska. There are now 13 candidates (12 Republican, 1 Democrat) running in the 2026 race. 

“I’m stepping forward to lead Alaska because I believe in its future, and I want our kids and grandkids to see theirs here,” Dahlstrom stated, speaking on her motivation in joining the race. 

She then reminded Alaskans of her accomplishments as Lieutenant Governor and Commissioner of Corrections: “I’ve spent years serving this state with grit, honesty, and a commitment to getting things done. As Lieutenant Governor, I’ve fought to expand our energy opportunities and safeguard the freedoms that define life in Alaska. As Commissioner of Corrections, I overturned soft-on-crime policies that weakened public safety. And in the Legislature, I stood up for Alaskans and protected the Permanent Fund Dividend.” 

Here is what Dahlstrom claims to bring to the table: “Now, I’m running for Governor to bring experience, determination, and common sense to the job. My promise is simple: I’ll work every day to make Alaska a place where families can put down roots, businesses can grow, and communities can thrive.” 

In the 2024 election for the Alaska seat in the U.S. House of Representatives, Nancy Dahlstrom selflessly withdrew from the race so that Nick Begich could defeat Peltola. How will she react to this year’s fight? Will she prioritize a unified Republican front against Tom Begich even if it takes herself out of the race? Or is she in it to win this time? We shall see. 

View full press release here: Lt. Governor Nancy Dahlstrom Announces Campaign for Governor of Alaska – Nancy Dahlstrom for Alaska 

Natalie Spaulding, a 2025 Hillsdale College graduate, recently joined the Must Read Alaska team.

Election Results in for Alaska’s Communities  

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The first results from Alaska’s local elections on October 7th are starting to come in as municipalities across the state tally votes for mayors, assembly members, city councils, school boards, and propositions. 

Preliminary and unofficial results are being reported, with certification of official results anticipated in the upcoming weeks. Unofficial results are provided in the links below. 

Fairbanks North Star Borough elected three assembly seats and two school board seats. Brett Rotermund received 9,383 votes on election night in his unopposed bid for assembly seat B. For assembly seat C, Garrett Armstrong is leading with 6,554 votes to J.T. McComas-Roe’s election night total of 4,869. For the FNSB seat I, Patrick Roach is leading with 8,163 votes to Barbara Haney’s 6,293 votes in the unofficial tally. Seats for the school board are more competitive, with Aundra Hull leading over Cemetria (Sam) Spencer with 7,446 to 6,532. Only 131 votes separate candidates for school board seat D, with Naomi Hewitt receiving 7,072 votes, closely followed by Melissa Burnett’s 6,941 election night tally. Counting will continue on October 14th, with certification to occur on October 23, 2025. Fairbanks North Star Borough with the City of Fairbanks & North Pole Oct 7 unofficial results  

The City of Fairbanks appears to have elected liberal Mindy O’Neall as mayor with 1,808 votes, over the conservative incumbent Mayor David Pruhs, who received 1,528 votes on election night. City council seat C has Sue Sprinkle leading over Hannah Ekalook, 1,859 to 1,362. Crystal Tidwell ran unopposed for council seat D and received 2,672 votes. Fairbanks North Star Borough with the City of Fairbanks & North Pole Oct 7 unofficial results 

North Pole has four council seats available, with David A. Skipps, Jordan Schuster, Sandra Rolfe, and David Brandt on the ballot. Fairbanks North Star Borough with the City of Fairbanks & North Pole Oct 7 unofficial results 

Palmer’s mayoral race saw Mayor Jim Cooper leading with a 54-vote edge over John Alcantra’s 103 votes. Two three-year council seats are available. Alison Collins is currently leading with 231 votes. The other seat will be determined during the canvassing process, with Amanda Graham at 197 votes and Carolina Graver receiving 160 votes on election night. Sherry Carrington is a clear leader with 227 votes. Counts with be updated on October 10th, with certification scheduled for October 13th. Palmer Oct 7 unofficial results 

Wasilla had one contested race for the three council seats on the ballot. Mark Schmidt received 63% of the votes on election night, leading Sue-Sue Scott 97 to 54. Final votes will be counted on October 10th. Wasilla Oct 7 unofficial results 

Houston will be filling three council members. Early and absentee ballots will be tallied on October 10th. Election night votes have Jason H. Kahn, Callie J. Courtney, and Dan Lewis leading in their races. Houston Oct 7 unofficial results 

Juneau has counted less than 22% of its ballots in the by-mail election for a total of 6,073 ballots as of election night. Only one assembly seat was contested, with Nathaniel “Nano” Brooks leading by 3 votes against incumbent Wade Bryson (2,743 to 2,740). Citizen-led initiative proposition 1, to cap the mill rate at 9 mills, is leading 3,104 yes to 2,920 no. Another citizen-led initiative, proposition 2, to exempt sales tax on essential foods and residential utilities is leading widely with 4,173 in support and 1,867 opposed. The municipality’s proposition 3 to establish seasonal sales tax rates is currently being rejected by the public with 3,534 votes against the proposal to 2,514 in support. Tallying will continue on October 10th, with updates to be provided on an ongoing basis until the election results are certified on October 21stCity and Borough of Juneau Oct 7 election night results 

Ketchikan Gateway Borough election night results show Austin Otos clearly in the lead for mayor with 1,135 votes. In the lead for two three-year seats on the assembly are Rodney Dial and Glen Thompson with 1,166 and 1,154 votes each. Daniel Ortiz is leading for a one-year seat on the assembly with 1,045 votes. Ketchikan Gateway Borough Oct 7 unofficial results 

The City of Ketchikan has two open city council seats, with Abby Bradberry leading with 567 votes and Janalee Gage following with 541 votes. Election night results indicated strong support for seven ballot propositions. These measures include a $15 million wastewater bond aimed at replacing aging sewer mains and upgrading the treatment plant. Additionally, there are six charter amendments designed to streamline ordinances, ease residency requirements for the city manager, and modernize provisions related to contracts, audits, and conflicts of interests. City of Ketchikan Oct 7th unofficial results 

Haines elected Gabe Thomas and Eben Sargent as clear winners for assembly seats. The government’s seasonal sales tax proposition has passed with 562 votes in support to 515 opposed. Haines Oct 7 unofficial results 

Skagway elected Mayor Orion Hanson, who ran unopposed. For two three-year assembly seats, Charity Pomeroy has 257 votes and Jay Burnham has 226 to lead over Andrew Cremata’s election night tally of 146. Dan Henry received 146 write-in votes for a one-year assembly seat. Luke Rauscher and Kerri Raia ran unopposed for school board seats. A proposition for a seasonal sales tax failed 140-222 with the canvass to occur on October 9, 2025. Skagway Oct 7 unofficial results 

Wrangell elected David Powell and Dan Powers to assembly seats, who both ran unopposed. Wrangell election information 

Sitka elected Katie Riley to assembly, while Thor Christianson currently leads for the second seat, surpassing Sherri Blankenship. Proposition 1, which aims to allocate recreation funding from the hospital fund, passed by a significant margin. However, proposition 2, focused on economic studies for initiatives, did not garner a majority of public support. Official results will be available following the canvass of final votes. https://www.cityofsitka.com/RegularMunicipalElection 

The Kenai Peninsula Borough saw early leads that suggest a preference for shifting elections to November and opposing the hand-counting of ballots, with the Soldotna annexation also under consideration. Full results are pending the canvass. Current leaders in the assembly districts are as follows: District 1 – Kalifornsky: Scott Griebel, with 335 votes. District 3 – Nikiski: Lenora Niesen, who ran unopposed, has received 523 votes. In District 4—Soldotna, Sergeant Truesdell is leading with 405 votes. District 5 – Sterling shows Dale Eicher in the lead with 544 votes. For District 7–Central, the unopposed candidate, Michael W. Hicks, has garnered 643 votes. For more details see the unofficial results. Kenai Peninsula Borough Oct 7 unofficial results 

Homer reelected incumbents Bradley Parsons, Jason Davis, and Storm Hansen to three council seats. Homer Oct 7 preliminary results  

Kenai’s early results show that Henry Knackstedt has been elected mayor with 461 votes. Two seats are available for council members with, Victoria Askin with 445 votes, followed by Bridget Grieme with 402 votes on pace to fill the seats. City of Kenai Oct 7 unofficial results 

Seward’s mayoral race has a clear winner, with Sue McClure receiving 260 votes on election night. Lori Draper is the apparent winner of a council seat with 215 votes. The other council seat is too close to call. with the potential of 91 votes to be counted during canvass on October 10th. Seward Oct 7 preliminary results 

Kodiak Island Borough results are unofficial, with Jared Griffin leading Scott Arndt for mayor 984 to 832. Two three-year seats for the borough assembly are available, with Jeremiah Gardner a clear winner with 894 votes, followed by Jeffery A. Woods with 661. Kodiak Oct 7 unofficial results 

The Aleutians East Borough voted on three assembly seats and three school board seats, with the results pending. This link will provide the official results as soon as they become available. Aleutians East official election results link 

Bristol Bay Borough has two open assembly seats, with Michael Peters leading with 132 votes and a tight race for the second seat between with Robert Babiak Jr., with 97 votes, and Pete Caruso, with 87 votes, prior to final counts to occurring during canvassing. Bristol Bay Borough Oct 7 unofficial results 

Dillingham has Triston Chaney leading for council seat A with 138 votes and Jean Barrett in the lead for seat B with 164 votes. Final results are pending canvassing on October 9th. Dillingham Oct 7 election night results 

Lake and Peninsula Borough filled two assembly seats and two school board seats, details pending final canvassing. 

Unalaska council seats A and D have unopposed candidates. Mayor Vince Tutiakoff Sr. 263 votes, and Daneen Looby garnered 241 votes. Zac Schasteen is currently leading for council seat C with 135. The race for board seat C is tight, with the candidates receiving the following percentages: John Warden 35%, Sean Peters 34%, and Megan Dean at 31%. The final canvass is schedule for October 10th. Unalaska Oct preliminary results 

Whittier voted on three council seats, with results pending final vote counting scheduled for October 10th. https://www.whittieralaska.gov/elections 

Bethel elected Mark Springer, Kelsi Kime, and Teresa Keller to two-year terms on the council, with write-in Greg Schiedler leading for one-year term. Final canvassing is scheduled for October 9th. Bethel general election information 

Northwest Arctic Borough has one contested assembly seat on the ballot with results pending final canvass.  

Nome preliminary election results show Kenny Hughes for mayor, unseating John Handeland. All other candidates were running unopposed. 

Must Read Alaska will monitor the election results and provide updates on the official outcomes once they are certified. If you would like to share your thoughts on how the election results impact your community, leave a comment or reach out to [email protected] 

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]. 

Administrative Order 360: Governor Dunleavy’s Bold Move at Regulatory Reform  

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Last month, in a welcomed invitation to job creators, Governor Dunleavy issued an unprecedented directive to all state agencies to identify and repeal unnecessary regulatory burdens by 25% by the end of 2027. 

The Governor’s directive, known as AO 360, represents a significant shift in government policy within Alaska. Every executive branch agency has been directed by the Governor to undertake a complete inventory of departmental regulations that fall within the rulemaking authority of the administration and that possibly exceed the intent of federal or state laws. Future cuts in regulation will be measured from this current inventory, consisting mostly of Alaska Administrative Code.

Transparency is achieved by quarterly progress reports from agencies which culminate in an annual compilation of progress called the State Unified Regulatory Plan, a process which is intended to inform businesses as to what regulations are slated to be added or repealed. 

In a Press release, Governor Dunleavy conveyed his goal to make Alaska more competitive within our market-based system of free-enterprise: “AO 360 institutionalizes a culture of ongoing regulatory review,” he stated, “ensuring that the body of state regulations will not only be reduced in the short term but also kept in check over the long term. By requiring agencies to justify and regularly revisit their rules, the order aims to prevent the slow accumulation of red tape that can stifle growth and innovation.” 

Many state agencies, including the Departments of Transportation, Law, and Environmental Conservation, have already announced implementation steps, appointed regulatory liaisons, and have begun soliciting the public for their ideas and recommendations. By early 2026, agencies hope to publish their initial findings based on public input. 

In a statement released to MRAK, Alaska’s Attorney General Stephen Cox expressed his support for the Governor’s goals of public outreach and transparency when conducting regulatory reform: “Having helped lead regulatory reform efforts during the first Trump Administration. I know how powerful it can be when government takes seriously its responsibility to cut unnecessary red tape. And let me stress: regulatory reform matters most for small businesses. Large corporations may have in-house counsel offices and compliance departments, but Alaska’s small businesses shoulder these costs directly. Cutting red tape gives them a fairer chance to grow and thrive.” 

 Alaska’s businesses are all-to-familiar with the term “regulatory dark matter”—used to describe the growing volume of interpretive advice, “how-to” forms and guidance documents that are presented as reflecting law but are not always scrutinized for consistency or legislative intent. Now, under AO 360, agencies are required to publish all such guidance documents on the Alaska Online Public Notice System (“AOPNS”).  

AO 360 specifically targets one of Alaska’s persistent challenges: permitting delays. Departments typically burdened by permit applications, such as DNR and ADF & G, have been directed to streamline their permitting processes, to unify interagency coordination, and to adhere to deadlines. Applicants and the general public will be able to view the status of their permit application online.  

In stark contrast to prior administrations, Governor Dunleavy is emphasizing direct citizen outreach.  Department heads are directed to host meetings and to proactively solicit recommendations from the public. Regulated parties are even being encouraged to submit proposals. According to Cox, “The most helpful ideas will (1) identify where a regulation goes beyond statutory requirements, (2) specify which requirements could be cut, reduced, or eliminated, and (3) offer a cost-benefit analysis for the action.” 

Cox emphasized his desire to lead by example by publishing his reform plans, posting revised documents and his success metrics. “Our Department of Law intends to be a model in this process,” Cox said. “We will set the standard for transparency, accountability, and engagement as every agency works toward Governor Dunleavy’s 25 percent reduction goal.” The DOL is receiving public recommendations concerning AAC’s Title 9 through Oct. 31, 2025. Notices from other agencies seeking stakeholder feedback are posted on the Alaska Online Public Notices

Read the entire Administrative Order 360 here. 

Ruling on Jet Skis in Kachemak Bay Affirms Executive Authority to Repeal Regulations 

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In a case originally involving the Commissioner of Fish and Game’s authority to repeal a ban on jet skis in Kachemak Bay and Fox River Flats Critical Habitat Areas, the Alaska Supreme Court (SCOA) on September 26th affirmed the State’s authority to repeal outdated or poorly supported regulations.  

In a press release on the decision, the Department of Law confirmed the far-reaching implications of the case for Alaskans.  “This ruling sets a precedent for future regulatory actions, affirming the State’s ability to eliminate unnecessary regulations and adapt to evolving circumstances, thus reducing administrative burdens and enhancing governance”, the statement read.  

Broadly speaking, laws are passed by the Legislature, known as statutes, whereas Alaska Administrative Code (AAC) is promulgated by the Executive branch to implement the intent of statutes.  In modern times, Administrative Code has expanded dramatically, creating what many regard as a cumbersome and confusing array of regulations.    

In 2001, a regulation was created under then Governor Tony Knowles that banned the use of personal watercraft (jet skis) in Kachemak Bay. In 2021, Commissioner Vincent-Lang repealed the ban, prompting a legal battle over rulemaking authority and a complex fact-finding process over whether administrative actions were arbitrary or consistent with legislative intent.  

While SCOA’s decision confirmed the Commissioner’s authority to repeal the regulation, and upheld the State’s fact-finding process which justified the basis for repeal, it also serves as a stark example of how lower courts can misinterpret legislative intent, and how “science”-in this case findings of an activity’s compatibility with fish and wildlife conservation—can change over time.   

Logically, the court concludes, if the Administration has the delegated authority to create a regulation, then it follows that it has the authority to repeal it. According to a press release from the Department of Law, SCOA reversed a Superior Court ruling by applying a “basic principle of administrative law”—which is the ability to eliminate “zombie regulations, unslayable once promulgated, no matter the passage of time or change in circumstances.”    

According to a press release from Alaska Attorney General Stephen Cox, the ruling provides legal foundation and impetus for Governor Mike Dunleavy’s recent directive (Administrative Order 360) intended to reduce outdated or burdensome regulations. “This is a win for Alaskans. The Alaska Supreme Court affirms our authority to repeal outdated rules when the facts don’t justify them. That’s exactly the AO 360 playbook: take a hard look, cut red tape, protect what matters. More commonsense regulatory reform ahead,” he said.  

Commissioner Doug Vincent-Lang of the Alaska Department of Fish & Game also regards the decision as benefitting Alaskans: “It confirms the Department’s ability to remove outdated rules and ensure our parks and public lands remain open for responsible recreation,” he stated. “We’re pleased the Court recognized the importance of keeping regulations flexible and reflective of how Alaskans enjoy the outdoors.”   

Readers are encouraged to read the entire Alaska Supreme Court ruling.