Alaska Gov. Mike Dunleavy’s move to establish a state Department of Agriculture during the ongoing legislative special session appears to be turning into a fight over executive power, and it could be ultimately decided by the courts.

Last week, as the special session opened in Juneau, Dunleavy signed an executive order intended to establish the Alaska Department of Agriculture by moving parts of the Alaska Department of Natural Resources into a separate agency.

Alaska is one of only two states without a cabinet-level agriculture department, and Dunleavy has said he wants to create one in order to help the growth of farming in the state. Creating a cabinet-level agriculture department was the top priority of a state “food security” task force in 2022 intended to encourage farming here.

The governor’s order would take effect Jan. 1 and is almost identical to one Dunleavy issued this spring.