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Home Alaska Fishing News Judge declares Clean Water initiative unconstitutional.
Judge declares Clean Water initiative unconstitutional.
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by Sean Doogan KTUU Channel 2 News Friday, Feb. 29, 2008

 

FAIRBANKS, Alaska -- A Fairbanks Superior Court judge says one version of the clean water initiative is unconstitutional. But that doesn't necessarily mean voters won't get the opportunity to decide the issue. Judge Douglas Blankenship ruled the clean water initiative is unconstitutional and must not be placed on the November ballot. Blankenship's order overturns an October decision by another Superior Court judge, who ruled the initiative could go on the ballot. Friday's decision says one version of the clean water initiative is too broad and violates the Alaska constitution because it allocates water resources. By law, only the Alaska Legislature may dictate how state resources are used. But the ruling does not mean voters will not see a clean water measure on the ballot. The judge did allow a similar, narrower initiative known as "Clean Water Three" to proceed. One thing both supporters and detractors of the initiatives agree on: The Alaska Supreme Court is likely to have the final say on all of the ballot initiatives. Willis Lyford is with the group Alaskans Against the Mining Shutdown. "You don't know what you don't know," Lyford said. "Today's a good outcome. We are happy but there's a lot of steps to go before this is resolved." Art Hackney is with the Renewable Resources Coalition. "Judge Blankenship in Fairbanks is giving this ruling, said that I understand this is just a whistle stop on the way to the Supreme Court of the state of Alaska, and that's where it's going to get decided," Hackney said. Both sides say they believe the Alaska Supreme Court will decide the matter before the ballots are printed in June.

 

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