Defendants Roy A. Miller Jr., 20, and Koomalook M. Stone, 19, were seeking to have their cases thrown out on grounds that people in the Bush did not have sufficient notice about the regulation on salvaging meat when it was implemented back in 1991.
Defense lawyer Ella Anagick argued state Superior Court Judge Richard Erlich should invalidate the regulation in part because public hearing notices were published only in major newspapers and not those read in the Bush.
Assistant Attorney General Andrew Peterson argued that the state followed procedure for adopting the regulation. Erlich sided with the state, ruling that procedures were properly followed in developing the regulations. He rejected the motion to dismiss.
Eight men have been charged with wasting caribou after troopers say they found at least 37 caribou rotting on the tundra outside Point Hope in the summer of 2008.
Two men, Randy John Oktollik, 26, and Lazarus C. Killigvuk, 26, have indicated they plan to change their pleas in the case. The others are taking the case to trial.
The trial is set to take place in Point Hope later this month, though Peterson on Thursday filed an unopposed motion seeking to have it pushed back until February because of a personal scheduling conflict.
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