STATE OF ALASKA, Plaintiff-Appellant,
v.
Bruce BABBITT, Secretary of the Interior, et al., Defendants-Appellees.
Katie JOHN, et al., Plaintiffs-Appellees,
v.
UNITED STATES of America, et al., Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 8, 1995.
Decided April 20, 1995.
Attorney(s) appearing for the Case
Joanne M. Grace, Asst. Atty. Gen., Anchorage, AK, for plaintiff-appellant-plaintiffs-appellees.
Elizabeth Ann Peterson, U.S. Dept. of Justice, Washington, DC, for defendants-appellees-defendants-appellants, Robert T. Anderson, Native American Rights Fund, Anchorage, AK, defendant-appellee-plaintiff-appellee.
Richard L. Young, Albuquerque, NM, for Peratrovich, et al., as amici curiae.
Michael A.D. Stanley, Juneau, AK, and Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for Peninsula Marketing Association, et al., as amici curiae.
Clive J. Strong, Deputy Atty. Gen., Boise, ID, for States of Ariz., Cal., Idaho, Mont., Nev., and Or., as amici curiae.
Carol H. Daniel, Alaska Legal Services Corp., Anchorage, AK, for Native Village of Quinhagak, et al., as amici curiae.
Before: WRIGHT, HALL and WIGGINS, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
EUGENE A. WRIGHT, Circuit Judge:
These appeals arise from the efforts of Katie John, Doris Charles and the other upper Ahtna Athabaskan Indians of Mentasta Village to continue subsistence fishing at Batzulnetas as they and their ancestors have done since time immemorial.1 The fishery at Batzulnetas lies near the confluence of Tanada Creek and the Copper River and within Wrangell-St. Elias National Park. They also involve the claim by the...
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