Here are the materials so far in Shade v. Dept. of the Interior (D. Alaska):
Alaska National Interest Lands Conservation Act
Ninilchik Subsistence Gillnetting Suit Continues
Here are the materials in Ninilchik Traditional Council v. Towarak (D. Alaska):
20 DCT Order re Judicial Notice
Federal Court Dismisses Koniag Effort to Evict Airline and Cabin from Its Lands
Here are the materials in Koniag Inc. v. Andrew Airways (D. Alaska):
An excerpt:
At Docket 36, Defendant Alicia L. Reft (“Reft”) filed a Motion and Memorandum to Dismiss Complaint against Alicia Reft in her Capacity as President of Karluk Tribal Council and Individual Capacity. At Docket 39, Plaintiff Koniag, Inc. (“Koniag”) filed its Opposition to Reft’s Second Motion to Dismiss and Reft filed a reply at Docket 42. Oral argument was held on January 7, 2014.1 Thereafter, the parties attempt to settle the dispute for several months but the discussions ultimately appear to have been unsuccessful.2 For the following reasons, the Court will grant Reft’s motion.
Supreme Court Denies Cert in Alaska v. Jewell — Alaska Subsistence Rights
Very big deal!
Cert stage briefs here:
State of Alaska Petition and Appendix
Lower court materials here.
Cert Opposition Briefs in Katie John Appeal
Here are the opposition briefs in Alaska v. Jewell:
Katie John Cert Opp [A second brief with the appendix: AFN Alaska v Jewell BIO app]
Cert petition here.
Alaska Seeks Supreme Court Review of Alaska Native Susbistence Rights under Katie John
Here is the petition in Alaska v. Jewell:
State of Alaska Petition and Appendix
Questions presented:
1. Whether the Ninth Circuit properly held—in conflict with this Court’s decisions—that the federal reserved water rights doctrine authorizes the unprecedented federal takeover of Alaska’s navigable waters sanctioned by the 1999 Rule.
2. Whether the Ninth Circuit properly proceeded on the premise—which also conflicts with this Court’s decisions—that ANILCA could be interpreted to federalize navigable waters at all given Congress’s silence on the Act’s application to navigable waters.
Lower court materials here.
New Scholarship on ANILCA Compliance
Miranda Strong has published “Alaska National Interest Lands Conservation Act Compliance & Nonsubsistence Areas: How Can Alaska Thaw Out Rural & Alaska Native Subsistence Rights?” in the Alaska Law Review.
Here is the abstract:
The Alaska Constitution prevents the Alaska National Interest Lands Conservation Act’s (ANILCA) rural subsistence priority from being enforced. The Federal Government currently manages subsistence on federal lands in Alaska and Alaska can only resume management if it becomes ANILCA compliant. The current federal management system does not sufficiently protect rural and Alaska Natives’ subsistence rights. Alaska’s Legislature must overcome the rural-urban divide to amend its constitution to become ANILCA compliant again by providing a modified rural priority that includes urban Alaska Natives. The Alaska Legislature should repeal the nonsubsistence zones statute because it denies federally defined rural areas the state’s subsistence priority.
Turtle Talk 