Alaska
State of Alaska Secures Win in Fight for Transparency Around Oil Development
(Bethel, AK) –Wednesday, the Ninth Circuit Court of Appeals issued a favorable opinion for the State of Alaska in ConocoPhillips Alaska v. Alaska Oil and Gas Conservation Commission (AOGCC), agreeing that State laws requiring disclosure of oil well data are not preempted by federal law.
“Alaska relies heavily on our resources and resource development,” said Acting Alaska Attorney General Cori Mills. “We are also stewards of those resources for the citizens of Alaska. Alaska’s law both allows resource development now, and encourages further development and exploration in the future. We’re pleased that the Ninth Circuit recognized that federal law has not overridden Alaska’s balanced approach.”
The Alaska Oil and Gas Conservation Commission regulates oil and gas operations throughout Alaska, including within the National Petroleum Reserve–Alaska (NPR–A). Under Alaska law, companies need permits from the AOGCC to drill and must submit well data. The AOGCC is required to keep well data confidential for 24 months.
ConocoPhillips drilled several wells on lease holdings within the NPR–A and submitted data to the AOGCC. When the 24-month period expired, the AOGCC notified ConocoPhillips of the upcoming well data disclosure. ConocoPhillips sued in federal court to stop the disclosure process claiming that the Naval Petroleum Reserves Production Act, the federal law allowing private exploration in the NPR–A, preempted Alaska’s 24-month disclosure law. The federal district court found Alaska law preempted, and the AOGCC sought appellate review by the Ninth Circuit Court of Appeals.
On appeal, the Ninth Circuit agreed with the AOGCC. The federal Production Act does not preempt state law. The Ninth Circuit therefore reversed the district court’s holding to the contrary.
“The Alaska Oil and Gas Conservation Commission is pleased with the court’s decision upholding Alaska law,” said AOGCC Commissioner Jessie Chmielowski in a declaration filed in the litigation court. “Alaska’s balanced approach to well data confidentiality leads to increased exploration activity, not less. Alaska law allows for a two-year confidentiality period on exploration well data to leverage a company’s investment in drilling. Thereafter, making the data public has incentivized exploration on the North Slope. Placing well data in the public record allows competing companies to evaluate different exploration concepts or interpretations based on seismic data that, without well data, are just educated guesses.”
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Alaska
Opinion: A governor’s race for Alaska’s next generation
Alaska needs change. That’s why I’m running for governor: to bring new energy and a new generation of leadership to the governor’s office.
For 13 years in a row, more Alaskans have left our great state than have moved here. Prices are rising, schools are closing and Alaskans are getting left behind.
This year, those planning to leave Alaska include Ben and Catherine Walker, both recipients of Alaska’s Teacher of the Year Award. They can’t justify staying in the place they grew up in and love because of our failure to invest in the fundamentals, such as our schools.
The problem is personal. I’m 37. Many of those leaving Alaska are my age — debating whether there’s a future for us here or not. It’s a challenge we must solve.
I love challenges.
Back in 2012, I dropped out of college to challenge an entrenched Republican incumbent legislator who was running unopposed to represent my home region of Southeast Alaska. I launched a scrappy, grassroots campaign and focused on the kitchen table issues that matter to every Alaskan: good schools, getting our fair share of oil revenues, lowering costs, protecting our fisheries. I won — by 32 votes.
When I was sworn in, I was baby-faced and bushy-tailed, just 23 years old. It was the beginning of a decade-long tenure in the Legislature. A lot happened in those 10 years.
Among the most important: We formed the House Bipartisan Coalition in 2016. While I have a “D” next to my name, I believe strongly in working across party lines. That’s what the Bipartisan Coalition was, and is, all about: Democrats, moderate Republicans and independents, all working together to do what’s best for Alaska.
I want to bring that same bipartisan, vigorous problem-solving spirit to the governor’s office, where it has been nonexistent the last eight years.
As governor, I want to work hand in hand with the Legislature to deliver some desperately needed wins for Alaska that will make our lives better and get our state back on track:
• Reinvest in our public schools. Our school districts are in battlefield triage mode, but instead of amputating limbs, our school boards are forced to choose which sports to cut, which electives to discontinue and which neighborhood school to close. Enough already. Get school funding back up to par.
• Forward fund our schools. Our school districts shouldn’t have to guess how much education funding will end up being appropriated in end-of-session legislative haggling.
This circus forces school districts to prospectively fire teachers, then rehire them a month or two later, when they find out the final education funding number. It’s awful for all involved. We should fix it by forward funding.
• Close the Hilcorp corporate income tax loophole. Hilcorp should pay their fair share in taxes just as ConocoPhillips, and nearly every other major corporation in Alaska, already does.
• Lower the cost of energy. Chugach Electric Association, Golden Valley Electric Association, Homer Electric Association and Matanuska Electric Association operate about 1,700 megawatts in power generation capacity. Peak Railbelt winter demand is half that: about 850 megawatts. Guess who pays for the nearly gigawatt in underused and unused power plants? You, on your power bill. The governor should force the co-ops to work together, reduce redundancies and diversify energy sources, including renewables, in order to reduce the sky-high cost of energy for Alaskans.
• Lower the cost of childcare. Alaska has inadvertently created a system of childcare permitting and licensing that effectively amounts to death by a thousand pieces of paperwork. It’s creating scarcity and cost. We need to fix it.
• Lower the cost of housing. Cut red tape to make it easier and cheaper to build more homes of all kinds — from tiny homes and ADUs to manufactured and modular housing, to apartments and condos, to traditional single-family homes. More housing of all kinds, faster.
• Rein in bottom-trawl bycatch. I will nominate Alaskans to the North Pacific Fishery Management Council who will make sure that Alaska and Alaskans — not Seattle and Lower 48 industry interests — foremost benefit from our fisheries.
• Responsibly develop our resources. Support projects that have regional buy-in and support, such as Pikka on the North Slope, which just produced first oil this month, while saying “no” when the risks are too great and those in the region are opposed, as is the case with Pebble.
• Grow our tourism economy. And let’s crack the code on winter tourism while we’re at it. If Iceland can do it, we darn well can, too. Fairbanks is having burgeoning winter tourism success. Let’s follow their great lead.
• Make Alaska an awesome place to live. Let’s build dozens more public-use cabins. Let’s build an alpine hut-to-hut system like they have in New Zealand and the Alps. Let’s build the Alaska Long Trail. Let’s make Anchorage a world-class winter city.
Does this sound like the kind of Alaska you want to live in? Then I have great news: We are the governor campaign for you. And if what you just read gives you indigestion, you’ll be relieved to know you have 17 other options.
I have more great news: I can win.
After beating an entrenched Republican incumbent, I spent a decade representing a swingy district that voted for Donald Trump.
In those 10 years, I recorded some of the highest margins of crossover support from Trump voters of any Democrat in Alaska. I ran 12% ahead of Hillary Clinton in 2016 and 15% ahead of Joe Biden in 2020.
Here’s the simple truth: Whoever becomes our next governor will need to win with the support of significant numbers of independents and moderate Republicans, in addition to Democrats. I’ve done that. And I’ll do it again. Will you join me?
Former state Rep. Jonathan Kreiss-Tomkins of Sitka is a candidate for governor of Alaska.
• • •
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Alaska
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Alaska
More than 80% of Alaska bills failed this session. Here are some of them
JUNEAU — Lawmaking is an uncertain venture.
Of the 685 bills introduced in the two-year legislative cycle that began last year, 114 passed. That’s about one out of every six bills.
Leading up to the May 20 end of the regular session, lawmakers passed key legislation, including a balanced budget, education funding and public safety reforms.
But plenty of measures fell to the wayside throughout the session, including a fiscal plan from Gov. Mike Dunleavy and bills to give Alaskans the “right to repair” electronics, ban police officers from wearing masks on duty and scrap daylight saving time in Alaska.
If a lawmaker chooses to take up a failed bill in future years, they must start from zero, going through the entire committee process anew.
“You’re not supposed to get married to your bill, and this is one of the reasons why,” Anchorage Democratic Rep. Carolyn Hall said, describing a failed effort to implement paid parental leave.
Here are several measures that failed to pass this year.
A fiscal plan
Alaska lawmakers have been talking about a long-term fiscal plan for years. Dunleavy, in his eighth and final year in office, proposed his version of such a plan in January, looking to stabilize the state’s budgets in the long run after years of proposed deficit spending.
But Dunleavy’s ideas, headlined by a new statewide sales tax, were promptly rejected by lawmakers, who held only a handful of hearings about the governor’s bill before abandoning it.
Senate Resources Committee members countered Dunleavy’s proposed plan with a revenue package that included a broad rewrite of Alaska’s complex oil tax structure.
But the bill never made it out of the Senate Finance Committee.
In an unexpected March floor vote, Senate majority members adopted one of the provisions from their revenue package: applying the state’s corporate income tax to privately held oil and gas companies that currently pay no such tax. That could have raised an additional $100 million annually, according to some estimates.
But the measure was rejected in the House, and died at the end of the session. With a new governor next year, Alaska lawmakers will begin the revenue conversation from square one.
Electronic pull-tabs
An effort to legalize electronic pull-tabs in Alaska failed in the final days of the session.
The legislation was sponsored by Sen. Jesse Bjorkman, a Nikiski Republican who said it was needed for Alaska nonprofits that depend on revenue from charitable gaming.
“My reason for taking up this legislation was we had multiple kids’ sports charities and nonprofits on the Kenai that are looking to revitalize their ability to make money through charitable gaming,” said Bjorkman.
Dunleavy in 2023 first introduced a bill to legalize the electronic version of the paper pull-tabs. Revenue from pull-tabs purchases help subsidize Alaska nonprofits under existing law.
This year’s bill passed the Senate earlier this month, but never made it to a floor vote in the House. Bjorkman said that’s because of concerns raised by owners of businesses that sell pull-tabs.
“Some for-profit businesses that operate in the charitable gaming space felt uncomfortable with the focus of the bill being maximizing revenues for charities and nonprofits, and they felt that some of their comparative advantage in that regulated charitable gaming market was going to be reduced,” said Bjorkman.
Asked whether he’d introduce the bill again in a future session, Bjorkman said that depends on the policy priorities of Alaska’s next governor.
“Things have to line up in order for it to move forward, so if the new governor is amenable to looking at electronic pull-tabs as an option to revive revenue for charities and nonprofits, that would be great, but if the governor isn’t agreeable, it’d be pretty hard to work on a big project like that again, if we have to try to convince a new governor or override a veto,” Bjorkman said.
‘Right to repair’ bill
Lawmakers considered a bill that would establish a “right to repair” for consumer electronics in Alaska.
The bill would have required manufacturers to provide consumers and independent repair shops with access to replacement parts, repair tools, software and manuals for products like phones, laptops and other digital devices.
The bill narrowed in scope as it moved from committee, with lawmakers amending it to only apply to consumer electronics, and not large equipment, as was previously included in the bill.
The measure passed the Senate earlier this month but stalled in the House.
Sen. Forrest Dunbar, an Anchorage Democrat, said House leadership decided not to move the bill to a floor vote, citing concerns that it would face too much debate to warrant attempting to pass in the final days of session. Rep. Garret Nelson, a Sutton Republican, planned to introduce a number of amendments to the bill.
“It was the closing days of the session, time is at a premium,” Dunbar said.
Nelson said his intention was not to kill the bill, but that he had a few amendments to address issues he saw with it, including the wide scope of products included under the legislation and potential violations of intellectual property rights.
“I did talk with leadership and I said, ‘If this bill comes forward, I’m going to have amendments. And I’m not gonna back down on this because, the ramifications of this bill, the way that it was written — the language was bad,’” Nelson said.
Dunbar said he intends to bring the bill back next year.

Marijuana taxation update
Marijuana is currently taxed at $50 per ounce of bud, levied on cultivators.
House members considered a bill this session to transition that structure to a 6% sales tax instead, which would move the tax burden from producers to consumers. Supporters of the change argued the state’s current tax rate on marijuana cultivators is too high and changing how it’s taxed would boost the struggling industry.
Ultimately, lawmakers could not agree on what the new tax structure should be.
House leadership decided not to bring the bill before a floor vote because there were disagreements within both caucuses and differing opinions on what tax structure was ideal, according to bill sponsor Rep. Ashley Carrick, a Fairbanks Democrat.
Carrick said she plans to talk with stakeholders in the marijuana industry and further develop the bill, with plans to reintroduce it next session.
“I think that the current excise tax model is killing the industry and the industry is pretty clear that it’s not sustainable,” Carrick said.
Constitutional amendment for dedicated education fund
A Senate resolution would have proposed an amendment to the Alaska Constitution to allow the state to create a dedicated fund for public education.
Resolutions to amend the constitution must first receive approval from two-thirds of the House and Senate before going to Alaska voters.
Alaska’s constitution generally prohibits funds dedicated to specific priorities or projects so lawmakers retain flexibility over yearly budgeting, but the amendment would carve out an exception for education spending.
Supporters said the change could provide more stable and predictable school funding after years of annual political battles over education budgets. Opponents argued that it could open the door for more dedicated funding measures in the future. The measure itself did not establish a new tax or revenue stream, but it would allow lawmakers to later dedicate certain revenues exclusively to schools.
The resolution passed the Senate 17-3 and was scheduled to come before the House on the final day of the session, but ultimately was not voted on.
Constitutional amendment to ease some veto overrides
Lawmakers put forward a resolution to propose amending the Alaska Constitution to lower the threshold for overriding a veto of spending and revenue bills.
The constitution requires a three-fourths vote of the Legislature to override budget-related vetoes, while ordinary policy bills require only a two-thirds vote. The amendment would make the threshold the same for both categories.
Supporters, including the resolution’s sponsor, Anchorage Democrat Sen. Matt Claman, argued Alaska’s current standard gives governors unusually strong budget power and makes it too difficult for lawmakers to restore funding after vetoes.
The resolution passed the Senate 14-6, garnering exactly the two-thirds majority needed to pass a proposed constitutional amendment. But the bill did not receive a hearing in House Finance Committee, its last stop before a House floor vote.
Mental health crisis services funding
House members proposed a funding system for behavioral health crisis services in Alaska. The proposal would fund the national 988 suicide and crisis hotline and other behavioral health treatment systems.
Supporters said Alaska lacks enough long-term funding for crisis response infrastructure, especially in rural areas, and argued stronger behavioral health systems could reduce strain on hospitals and law enforcement.
The bill ultimately stalled in the House Finance Committee before coming to a floor vote.
Requiring insurance to cover yearlong birth control supply
Lawmakers again introduced legislation requiring insurers to cover up to a 12-month supply of prescription birth control at one time. A similar bill passed the Legislature two years ago but was vetoed Dunleavy, who said that the bill was “bad policy” and that contraceptives are already widely available.
Supporters say allowing patients to receive a full year’s supply improves consistent contraceptive access, especially for people in rural Alaska or those who face transportation and pharmacy barriers.
The bill got the green light from the Senate Health and Social Services Committee, but never came up for a hearing in the Senate Labor and Commerce Committee.
Banning on-duty law enforcement officers from wearing masks
House members considered a bill that would have prohibited on-duty law enforcement officers in Alaska from masking their faces, with exceptions for situations such as medical protection or subfreezing temperatures.
Rep. Sara Hannan, a Juneau Democrat, introduced the bill at the start of session in the wake of Trump administration immigration raids and arrests across the country, during which agents from U.S. Immigration and Customs Enforcement masked their faces to hide their identity from the public.
Supporters of the bill said visible identification is important for public trust and accountability, especially during protests or crowd-control situations like the circumstances leading up to two high-profile shootings of U.S. citizens in Minneapolis.
Opponents, such as Anchorage Police Chief Sean Case, said the bill sent a message to law enforcement that they cannot govern themselves, and he said that clear identification is already a practice among Alaska law enforcement.
The legislation ultimately stalled in the House Judiciary Committee, its second committee.
Daylight saving time
The latest of many efforts to eliminate the twice-a-year clock change stalled in the House in the final days of the session, after passing the Senate.
The key question hampering progress on the policy change: What would it mean for Alaska to be two hours removed from Pacific time for half the year? For bankers and broadcasters whose work depends on East Coast hours, the question is pivotal.
Some lawmakers see a solution in conditioning the elimination of daylight saving time on moving Alaska to the same time zone as the West Coast, an action that can only be taken by the federal government.
It wouldn’t be the first overhaul for Alaska’s time zones. Until the 1980s, the state was divided into four zones.
Until lawmakers can reach agreement on whether Anchorage residents can tolerate a winter sunrise at noon, expect the twice-a-year clock changes to remain.
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