AKIACHAK NATIVE COMMUNITY v. US DOI

No. 13-5360.

827 F.3d 100 (2016)

AKIACHAK NATIVE COMMUNITY, et al., Appellees v. UNITED STATES DEPARTMENT OF the INTERIOR and Sally Jewell, Secretary of the Interior, Appellees. State of Alaska, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2016.


Attorney(s) appearing for the Case

J. Anne Nelson , Assistant Attorney General, Office of the Attorney General for the State of Alaska, argued the cause and filed the briefs for appellant.

Elizabeth Ann Peterson , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief were John C. Cruden , Assistant Attorney General, and William B. Lazarus , Attorney.

Heather R. Kendall-Miller argued the cause for tribal appellees. With her on the brief were Matthew N. Newman , Richard Guest , Lloyd Benton Miller , Hollis L. Handler , and Goriune Dudukgian.

Dissenting opinion filed by Circuit Judge BROWN.


In 1971, after decades of conflict, the United States finally settled land claims staked by descendants of Alaskan aboriginal tribes. The U.S. Department of Interior had long interpreted this settlement to bar it from taking land into trust for Indian tribes in Alaska. In this case, several Alaska Native tribes sued the Department...

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