Sec. 09.40.235. Restraining orders, preliminary injunctions, and stays affecting industrial operations.

275 words·~1 min read·/ak/title-9/chapter-40/09-40-235·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Unless exempt under AS 09.68.040 (a), a party seeking a restraining order, preliminary injunction, or order staying the operation of a permit that affects an industrial operation shall give security, in an amount the court considers proper, for costs that may be incurred and damages that may be suffered by the industrial operation if the industrial operation is wrongfully enjoined or restrained. Upon request of any party and when that party presents evidence, one relevant factor the court shall consider is the amount of wages and benefits for employees and payment to contractors and subcontractors of the industrial operation that may be suffered if the industrial operation is wrongfully enjoined or restrained. In this subsection, “industrial operation” includes a construction, energy, or timber activity and oil, gas, and mineral exploration, development, and production.

(b)The existence of security under

(a)of this section does not

(1)prohibit a person who is wrongfully enjoined or restrained from obtaining relief that may be available to that person; or

(2)limit the amount that a party may recover in the action.

(c)A party is not required to give security under

(a)of this section if the challenged permitting decision or authorization is made by

(1)the Department of Environmental Conservation under AS 46.03 or AS 46.14 in a program approved or delegated by the United States Environmental Protection Agency; or

(2)the Department of Natural Resources under AS 27.21 in a program approved or delegated by the Office of Surface Mining Reclamation and Enforcement in the United States Department of the Interior.

Article 4. Receivers.