Briefs in Opposition to Alaska’s Effort to Once Again Open Up the Alaska Native Subsistence Rights Litigation

Here are the new briefs in Alaska v. United States:

Federal BIO

Tribal BIO

Cert petition here.

OMG this is ridiculous.

Alaska v. United States Cert Petition [Alaska Native fishing subsistence rights]

Here:

Question presented:

Whether the United States can regulate fishing on Alaska’s navigable waters under the Alaska National Interest Lands Conservation Act, when its statutory authority is limited to “public lands” and that term is defined as “lands, waters, and interests therein … the title to which is in the United States.”

Lower court materials here.

Ninth Circuit Reaffirms Katie John Trilogy and Affirms Injunction against State of Alaska

Here is the opinion in United States v. State of Alaska:

Briefs here.

Ninth Circuit Materials in Alaska v. US [subsistence fishing]

Here are the briefs (that I choose to post because the others are ridiculous):

Alaska Opening Brief

AFN Brief  

AVCP Brief

Kuskokwim River Inter-Tribal Fish Commission Brief

US Answer Brief

Alaska Reply 

Alaska Federal Court Dismisses Most of Challenge to Gold Mine Project

Here are the materials so far in Village of Dot Lake v. U.S. Army Corps of Engineers (D. Alaska):

1 Complaint

11-1 Federal Motion to Dismiss

16 Tribe Response

17 Reply

23 DCT Order

Alaska Federal Court Affirms Alaska Native Subsistence Rights

Here are the materials in United States v. State of Alaska (D. Alaska):

US and Alaska Tribal Groups Win Injunction on State Subsistence Rules

Here are the materials in United States v. State of Alaska (D. Alaska):

Do not f*** with them.
[Library of Congress put that “uncivilized” bulls*** in there.]

SCOTUS Decides Sturgeon v. Frost II

Here is the opinion.

Materials here.

Update — footnote 2 of the majority:

As noted earlier, the Ninth Circuit has held in three cases—the so called Katie John trilogy—that the term “public lands,” when used in ANILCA’s subsistence-fishing provisions, encompasses navigable waters like the Nation River. See Alaska v. Babbitt, 72 F. 3d 698 (1995); John v. United States, 247 F. 3d 1032 (2001) (en banc); John v. United States, 720 F. 3d 1214 (2013); supra, at 12. Those provisions are not at issue in this case, and we therefore do not disturb the Ninth Circuit’s holdings that the Park Service may regulate subsistence fishing on navigable waters. See generally Brief for State of Alaska as Amicus Curiae 29–35 (arguing that this case does not implicate those decisions); Brief for Ahtna, Inc., as Amicus Curiae 30–36 (same). 

Oral Argument Transcript in Sturgeon v. Frost II

Here.

Background materials on the case here.

Sturgeon v. Frost II Background Materials

Merits Briefs:

Petitioner’s Brief

States’ Amicus Brief

Respondents’ Brief

Alaska Amicus Brief

National Parks Conservation Association Amicus Brief

Law Professors’ Brief

Alaska Native Subsistence Users Amicus Brief

Reply Brief

Cert Stage Briefs:

Cert Petition

Alaska Amicus Brief in Support of Cert Petition

Federal Brief in Opposition to Cert

Cert Stage Reply

Lower court materials:

Opinion in Sturgeon v. Masica.

Alaska Brief

Enviro Groups Brief

Federal Brief

Mentasta Traditional Village et al Brief

Sturgeon Brief

Materials in Sturgeon v. Frost I:

SCOTUS Opinion