Ninilchik Subsistence Gillnetting Suit Continues

Here are the materials in Ninilchik Traditional Council v. Towarak (D. Alaska):

10 US Motion to Dismiss

20 DCT Order re Judicial Notice

21 Opposition

32 Reply

37 DCT Order re Judicial Notice

40 DCT Order

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):

1 Complaint

36 Motion to Dismiss

39 Opposition

42 Reply

81 DCT Order

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!

Here is the order list.

Cert stage briefs here:

State of Alaska Petition and Appendix

Federal Cert Opp Brief

AFN Cert Opp

Lower court materials here.

Cert Opposition Briefs in Katie John Appeal

Here are the opposition briefs in Alaska v. Jewell:

Federal Cert Opp Brief

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.