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Critical Habitat Areas, the Alaska Supreme Court (SCOA) on September 26th affirmed the State’s authority to repeal outdated or poorly supported regulations.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 In 2021, Commissioner Vincent-Lang repealed the ban, prompting a legal battle over rulemaking authority and a complex fact-finding process over whether administrative actions were arbitrary or consistent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foundation and impetus for Governor Mike Dunleavy’s recent directive (Administrative Order 360) intended to reduce outdated or burdensome regulations.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.
Well done!
“……..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………”
Gee. How obvious. Why did this require a Supreme Court ruling to cement this?
“Zombie regulations…….”. Without it, the Democrats have no power and control. There’s a reason Democrats mask themselves. Without the mask, they are an ugly bunch of hypocrites, in plain view for all to see.
I am a poll worker at election time. We follow AK election law & regs which are are always changing.
We have a bunch of beat up aluminum voting booths from the 60s.
We can not order new ones (elections is always updating equipment & procedures)
WHY can’t we purchase new, modern voting booths?
Because the ones we have are the only kind we can use according to AK Election law.
AND, they are so old, they don’t make em anymore!
True story.
It seems you’re off the subject of this article..What does voting booths have to do with using jet skies in Kachemak Bay which I abhore on the thought..It is a fishing area and the jet skis are noisy and distrubing the fish habitat of being peaceful while fishing..
I still laugh at Tony Knowles “DO YOU KNOW WHO I AM?!” moment when he was picked up and arrested by the MP’s on Fort Richardson for trespassing. Tony thought the tank trails on Fort Rich were a great place to go jogging.