Aulukestai v. Alaska DNR

Summary

In this Government Environmental litigation, plaintiff Nunamta Aulukestai, a consortium of nine villages alleged State of Alaska Department of Natural Resources of negligence by failing to require public notice and a public interest determination before granting mining exploration permits to Pebble Limited Partnership. The plaintiff also alleged that significant harm has been done to the land in question as a result of Pebble Limited Partnerships exploration activities, including contamination from oil spills, which had impinged on reasonable concurrent users.

The plaintiff was represented by attorneys Nancy Wainwright, Victoria Clark and Carl Johnson. The defense in this case comprised of State of Alaska and Pebble Limited Partnership. State of Alaska was represented by attorneys Steve Mulder and Cameron Leonard. Pebble Limited Partnership was represented by attorney Matthew Singer and Howard Trickey.

Outcome

The court found that the plaintiffs failed to prove their case.

Case Information

Attorneys

Witnesses

Plaintiff: Nunamta Aulukestai
Defense: State of Alaska
Pebble Limited Partnership

Judge: Eric Aarseth
Jurisdiction: Superior Court of Alaska, Anchorage
Court: Anchorage Superior Court

Case Number: 3AN-09-09173CI
Industry: Government, Energy, Environmental
Practice Area: Energy Law, Environmental Law, Real Property, Administrative Law

Plaintiff

Nunamta Aulukestai

Defense

State of Alaska

Represented By:
Mulder, Steve (Alaska Attorney General's Office)
Leonard, Cameron (Alaska Attorney General's Office)

Defense

Pebble Limited Partnership

Represented By:
Singer, Matthew (Jermain, Dunnagan & Owens)
Trickey, Howard (Jermain, Dunnagan & Owens)

Sessions

Attorney

Witness

Type

Description

AM Session

Openings

15 Chapters

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:07:50	General Case Activities	Trickey, Howard
00:24:55	General Case Activities	Wainwright, Nancy
00:32:40	General Case Activities
00:58:30	Opening Statement	Wainwright, Nancy
01:07:10	Opening Statement	Leonard, Cameron
01:11:40	Opening Statement	Singer, Matthew
01:35:30	General Case Activities
01:40:35	Witness Direct Examination	Clark, Victoria	Allely, Roger	In Person
01:53:55	General Case Activities
01:55:00	Witness Direct Examination	Wainwright, Nancy	Smith, Dr. Stuart	In Person
02:33:00	General Case Activities		Smith, Dr. Stuart	In Person
02:33:50	Witness Direct Examination	Wainwright, Nancy	Smith, Dr. Stuart	In Person
03:42:50	General Case Activities
04:28:28	End of Session

PM Session

Plaintiff Witness(es)

4 Chapters

DEC

AM Session

Plaintiff Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Wainwright, Nancy	Wallberg,	In Person
01:01:52	Witness Cross Examination	Mulder, Steve	Wallberg,	In Person
01:07:40	Witness Cross Examination	Singer, Matthew	Wallberg,	In Person
01:35:35	Witness Re-Direct Examination	Wainwright, Nancy	Wallberg,	In Person
01:39:10	General Case Activities
00:02:45	Break
00:08:47	Witness Direct Examination	Wainwright, Nancy	Wallberg,	In Person
01:40:33	Witness Direct Examination	Wainwright, Nancy	Smith, Dr. Stuart	In Person
02:35:53	End of Session

PM Session

Plaintiff Witness(es)

3 Chapters

DEC

AM Session

Plaintiff Witness(es)

11 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Cross Examination	Mulder, Steve	Smith, Dr. Stuart	In Person
00:27:40	Witness Cross Examination	Singer, Matthew	Smith, Dr. Stuart	In Person
00:44:00	Witness Re-Direct Examination	Wainwright, Nancy	Smith, Dr. Stuart	In Person
00:49:25	General Case Activities
00:51:09	Witness Direct Examination	Clark, Victoria	Andrew, Bobby	In Person
01:49:00	Witness Cross Examination	Leonard, Cameron	Andrew, Bobby	In Person
02:07:25	Witness Cross Examination	Trickey, Howard	Andrew, Bobby	In Person
02:08:10	Witness Re-Direct Examination	Clark, Victoria	Andrew, Bobby	In Person
02:12:58	General Case Activities		Andrew, Bobby	In Person
02:17:30	General Case Activities
02:18:56	End of Session

PM Session

Plaintiff Witness(es)

5 Chapters

DEC

AM Session

Plaintiff Witness(es)

23 Chapters

DEC

AM Session

Plaintiff Witness(es)

28 Chapters

	Description	Attorney	Witness	Presence
00:00:02	General Case Activities
00:22:18	Break
00:28:21	General Case Activities
00:31:02	Witness Direct Examination	Wainwright, Nancy	Morris, Steven	In Person
00:55:07	Witness Cross Examination	Leonard, Cameron	Morris, Steven	In Person
01:07:06	Witness Re-Direct Examination	Wainwright, Nancy	Morris, Steven	In Person
01:09:32	General Case Activities
01:11:31	Witness Direct Examination	Wainwright, Nancy	Chambers, Dr. David	In Person
01:34:08	Break
01:48:14	Witness Direct Examination	Wainwright, Nancy	Chambers, Dr. David	In Person
01:51:32	Witness Cross Examination		Chambers, Dr. David	In Person
02:14:30	Witness Cross Examination	Trickey, Howard	Chambers, Dr. David	In Person
02:15:52	Witness Re-Direct Examination	Wainwright, Nancy	Chambers, Dr. David	In Person
02:26:40	Witness Direct Examination	Clark, Victoria	Delkity, Rick	In Person
02:55:51	Witness Cross Examination	Mulder, Steve	Delkity, Rick	In Person
03:00:34	Witness Cross Examination	Singer, Matthew	Delkity, Rick	In Person
03:02:36	Witness Re-Direct Examination	Clark, Victoria	Delkity, Rick	In Person
03:07:12	General Case Activities
03:09:50	Break
03:10:39	General Case Activities
03:12:45	Witness Direct Examination	Clark, Victoria	Hammond, Bella	In Person
03:35:56	Witness Cross Examination	Mulder, Steve	Hammond, Bella	In Person
03:39:54	Witness Re-Direct Examination	Clark, Victoria	Hammond, Bella	In Person
03:41:06	General Case Activities		Hammond, Bella	In Person
03:42:42	General Case Activities
03:45:12	Witness Direct Examination	Clark, Victoria	Zamzow, Dr. Kendra	In Person
04:40:42	General Case Activities
04:51:21	End of Session

DEC

AM Session

Plaintiff Witness(es)

12 Chapters

DEC

AM Session

Defense Witness(es)

20 Chapters

DEC

AM Session

Defense Witness(es)

22 Chapters

PM Session

Defense Witness(es)

11 Chapters

	Description	Attorney	Witness	Presence
00:00:02	General Case Activities
00:02:14	Witness Direct Examination	Trickey, Howard	Reiser, Dudlay	In Person
00:27:14	Break
00:34:04	General Case Activities
00:35:44	Witness Direct Examination	Trickey, Howard	Reiser, Dudlay	In Person
02:06:03	Witness Cross Examination	Mulder, Steve	Reiser, Dudlay	In Person
02:06:44	Witness Cross Examination	Clark, Victoria	Reiser, Dudlay	In Person
02:24:49	General Case Activities		Reiser, Dudlay	In Person
02:27:22	Witness Direct Examination	Leonard, Cameron	Mylius, Richard	In Person
02:51:14	General Case Activities
03:24:29	End of Session

DEC

AM Session

Defense Witness(es)

19 Chapters

PM Session

Defense Witness(es)

25 Chapters

DEC

Recording Disclaimer: This proceeding was recorded in full.

Aulukestai v. Alaska DNR

Summary

Outcome

Sessions

Suggest a Trial

CVN Essentials

Video Library

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:11:20	Witness Direct Examination	Singer, Matthew	Smith, Dr. Stuart	In Person
00:18:30	General Case Activities
00:23:00	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:04:07	Witness Direct Examination	Clark, Victoria	De Husson, Gordon	In Person
02:07:20	General Case Activities		De Husson, Gordon	In Person
02:22:35	General Case Activities
02:26:19	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:09:12	Break
00:14:20	General Case Activities
00:15:30	Witness Direct Examination	Clark, Victoria	De Husson, Gordon	In Person
00:27:04	Witness Cross Examination		De Husson, Gordon	In Person
00:34:00	Witness Direct Examination	Wainwright, Nancy	Moran, Dr. Robert	In Person
00:40:20	General Case Activities	Trickey, Howard	Moran, Dr. Robert	In Person
00:43:00	Witness Direct Examination	Wainwright, Nancy	Moran, Dr. Robert	In Person
01:32:45	Witness Cross Examination	Trickey, Howard	Moran, Dr. Robert	In Person
01:59:45	Witness Cross Examination	Leonard, Cameron	Moran, Dr. Robert	In Person
02:18:15	General Case Activities
02:21:50	Break
02:51:25	General Case Activities
02:53:25	Witness Direct Examination	Trickey, Howard	Taylor, Ken	In Person
04:08:00	General Case Activities
04:10:26	Break
04:23:55	Witness Cross Examination	Wainwright, Nancy	Taylor, Ken	In Person
04:57:55	Witness Re-Direct Examination	Mulder, Steve	Taylor, Ken	In Person
05:00:34	Witness Direct Examination	Wainwright, Nancy	Chambers, Dr. David	In Person
05:05:55	General Case Activities	Trickey, Howard	Chambers, Dr. David	In Person
05:09:00	Witness Direct Examination	Wainwright, Nancy	Chambers, Dr. David	In Person
05:15:00	General Case Activities
05:40:21	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:46:15	Witness Cross Examination	Leonard, Cameron	Zamzow, Dr. Kendra	In Person
01:40:23	Witness Re-Direct Examination	Clark, Victoria	Zamzow, Dr. Kendra	In Person
01:55:14	Witness Re-Cross Examination	Leonard, Cameron	Zamzow, Dr. Kendra	In Person
01:57:50	Witness Re-Direct Examination	Clark, Victoria	Zamzow, Dr. Kendra	In Person
01:59:50	Witness Direct Examination	Wainwright, Nancy	Halford, Richard	In Person
02:34:55	Witness Cross Examination	Mulder, Steve	Halford, Richard	In Person
02:40:20	General Case Activities
02:42:10	Witness Direct Examination	Wainwright, Nancy	Nakanishi, Alan	In Person
03:47:45	General Case Activities
04:41:10	General Case Activities
04:49:25	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:09:05	Witness Direct Examination	Trickey, Howard	Stelljes, Dr. Mark	In Person
00:25:50	General Case Activities	Wainwright, Nancy	Stelljes, Dr. Mark	In Person
00:32:27	Witness Direct Examination	Trickey, Howard	Stelljes, Dr. Mark	In Person
01:15:50	Break
01:25:46	Witness Direct Examination	Trickey, Howard	Stelljes, Dr. Mark	In Person
02:08:27	Witness Cross Examination		Stelljes, Dr. Mark	In Person
02:09:28	Witness Cross Examination	Wainwright, Nancy	Stelljes, Dr. Mark	In Person
02:25:48	Break
02:40:52	Witness Direct Examination	Singer, Matthew	Cathcart, Dr. Jaime	In Person
03:32:15	Witness Cross Examination	Wainwright, Nancy	Cathcart, Dr. Jaime	In Person
03:51:45	Witness Re-Direct Examination	Singer, Matthew	Cathcart, Dr. Jaime	In Person
03:54:06	Witness Re-Cross Examination	Wainwright, Nancy	Cathcart, Dr. Jaime	In Person
03:56:20	General Case Activities
04:01:40	Witness Direct Examination		Wollington, James	In Person
04:39:00	Witness Cross Examination	Johnson, Carl	Wollington, James	In Person
05:04:40	Witness Re-Direct Examination		Wollington, James	In Person
05:12:08	Witness Re-Cross Examination	Johnson, Carl	Wollington, James	In Person
05:13:30	General Case Activities
05:16:42	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:41:45	Break
00:49:02	Witness Direct Examination		Bettis, Patricia	In Person
01:57:25	Witness Cross Examination	Wainwright, Nancy	Bettis, Patricia	In Person
02:04:10	Witness Re-Direct Examination		Bettis, Patricia	In Person
02:06:08	Witness Re-Cross Examination	Wainwright, Nancy	Bettis, Patricia	In Person
02:08:08	General Case Activities
02:10:20	Break
02:28:55	Witness Direct Examination			In Person
03:08:45	Witness Cross Examination	Singer, Matthew		In Person
03:12:10	Witness Cross Examination	Wainwright, Nancy		In Person
03:19:45	General Case Activities
03:21:05	Witness Direct Examination	Leonard, Cameron	Brown, John L	In Person
03:33:10	Witness Cross Examination	Wainwright, Nancy	Brown, John L	In Person
03:37:35	Witness Direct Examination		Benkert, Ronald	In Person
03:54:40	Witness Cross Examination	Clark, Victoria	Benkert, Ronald	In Person
04:00:50	Witness Re-Direct Examination		Benkert, Ronald	In Person
04:02:50	Witness Re-Cross Examination	Clark, Victoria	Benkert, Ronald	In Person
04:04:25	General Case Activities		Benkert, Ronald	In Person
04:06:55	Witness Re-Cross Examination	Clark, Victoria	Benkert, Ronald	In Person
04:08:00	General Case Activities
04:09:46	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:27:30	Break
00:40:46	General Case Activities
00:44:04	Witness Direct Examination	Leonard, Cameron	Mylius, Richard	In Person
00:45:58	General Case Activities
00:57:50	Witness Direct Examination	Leonard, Cameron	Mylius, Richard	In Person
02:01:40	Witness Cross Examination	Wainwright, Nancy	Mylius, Richard	In Person
02:10:20	General Case Activities		Mylius, Richard	In Person
02:16:00	Witness Re-Cross Examination	Wainwright, Nancy	Mylius, Richard	In Person
02:18:13	Witness Re-Direct Examination	Leonard, Cameron	Mylius, Richard	In Person
02:21:33	Break
02:32:15	Witness Direct Examination	Leonard, Cameron	Nakanishi, Alan	In Person
02:49:10	Witness Direct Examination		Smodey, Melinda	In Person
02:57:20	Witness Cross Examination	Clark, Victoria	Smodey, Melinda	In Person
03:07:15	Witness Re-Direct Examination		Smodey, Melinda	In Person
03:08:15	Witness Re-Cross Examination	Clark, Victoria	Smodey, Melinda	In Person
03:12:30	General Case Activities
03:14:45	Witness Direct Examination	Singer, Matthew	Gleitsmann, Lars	In Person
04:25:38	End of Session

	Description	Attorney	Witness	Presence
00:00:01	General Case Activities
00:03:43	Witness Direct Examination	Trickey, Howard	Shanon, Louis	Audio Conference
00:18:08	Witness Cross Examination	Wainwright, Nancy	Shanon, Louis	Audio Conference
00:28:58	General Case Activities
00:32:46	Witness Cross Examination		Gleitsmann, Lars	In Person
00:33:28	Witness Cross Examination		Gleitsmann, Lars	In Person
00:48:40	General Case Activities
01:02:29	General Case Activities		Shanon, Louis	Audio Conference
01:16:28	Break
01:21:22	General Case Activities
01:22:29	Witness Direct Examination	Wainwright, Nancy	Smith, Dr. Stuart	In Person
01:42:08	Witness Direct Examination	Wainwright, Nancy	De Husson, Gordon	In Person
01:47:40	Witness Cross Examination	Leonard, Cameron	De Husson, Gordon	In Person
01:49:28	Witness Cross Examination		De Husson, Gordon	In Person
01:51:23	Witness Re-Direct Examination	Wainwright, Nancy	De Husson, Gordon	In Person
01:53:43	Witness Direct Examination	Wainwright, Nancy	Zamzow, Dr. Kendra	In Person
01:57:33	Witness Cross Examination	Singer, Matthew	Zamzow, Dr. Kendra	In Person
02:01:18	Break
02:36:35	General Case Activities
02:41:28	General Case Activities
02:43:03	Closing Statement	Wainwright, Nancy
02:47:55	Closing Statement	Leonard, Cameron
03:18:15	Closing Statement	Trickey, Howard
03:42:48	General Case Activities
03:47:40	End of Session