Alaska § 09.40.235 - Restraining orders, preliminary injunctions, and stays affecting industrial operations.
Full text of Alaska Alaska Statutes § 09.40.235 — Restraining orders, preliminary injunctions, and stays affecting industrial operations., with citation guidance and answers to common questions.
§ 09.40.235. Restraining orders, preliminary injunctions, and stays affecting industrial operations.
(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.
Source: official Alaska text · Last verified 2026-08-27
Frequently Asked Questions About Alaska § 09.40.235
What does Alaska Statutes § 09.40.235 cover?
Section 09.40.235 ("Restraining orders, preliminary injunctions, and stays affecting industrial operations.") is part of the Alaska Statutes, the codified statutory law of Alaska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alaska § 09.40.235?
A common citation format is "Alaska Statutes § 09.40.235" (Alaska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alaska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.
How does Alaska § 09.40.235 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alaska.