(a) Unless exempt under Alaska Stat. § 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.
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Terms Used In Alaska Statutes 09.40.235

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(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 Alaska Stat. Chapter 46.03 or Alaska Stat. Chapter 46.14 in a program approved or delegated by the United States Environmental Protection Agency; or
(2) the Department of Natural Resources under Alaska Stat. Chapter 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.
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