Split Ninth Circuit Panel Approves EPA’s Transfer of Pollution Approval Authority to State of Alaska

Matthew L.M. Fletcher

Here is the opinion in Akiak Native Community v. EPA. The dissent focused on EPA’s approval of Alaska’s rule that the “loser” pays attorney fees in any challenges. All three judges rejected claims based on the Alaskan National Interest Lands Conservation.

Here are the briefs:

Akiak Opening Brief

Intervenor Opening Brief

EPA Answer Brief

Alaska Brief

Akiak Reply