In a disappointing decision, Superior Court Judge Eric A. Aarseth ruled that the Alaska Constitution did not require the State to provide public notice or issue a best interest finding prior to allowing exploration and temporary water use activities at the Pebble Project, which have been ongoing for the last 23 years. He also ruled that wildlife in the area has not been impacted even though local subsistence and sport users testified that helicopter activity has driven caribou from the Pebble Project area, and that fuel spills in the area have not caused serious environmental impact or harm.

After two years of investigating and litigating the exploration and temporary water use permits for the Pebble Project, the two-week trial closed on December 17, 2010. 

An emergency petition for review was filled with the Alaska Supreme Court on behalf of Native Village of Eklutna, Alaska Community Action on Toxics and six other community groups asking to halt herbicide spraying by the Alaska Railroad Corporation (ARR)