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STATE v. NATIVE VILLAGE OF TANANA

No. S-13332.

249 P.3d 734 (2011)

STATE of Alaska, Joel Gilbertson in his official capacity as Alaska Commissioner of Health & Social Services, Marcia Kennai, in her official capacity as Deputy Commissioner of the Office of Children's Services, Phillip Mitchell, in his official capacity as Chief of the Alaska Bureau of Vital Statistics, and Gregg Renkes, in his official capacity as Attorney General, Appellants, v. NATIVE VILLAGE OF TANANA, Dan Schwietert, Theresa Schwietert, Nulato Village, Village Of Kalskag, Akiak Native Community, Village Of Lower Kalskag, and Kenaitze Indian Tribe, Appellees.

Supreme Court of Alaska.

March 4, 2011.

Attorney(s) appearing for the Case

Peter K. Putzier , Assistant Attorney General, Anchorage, Talis J. Colberg , Attorney General, Juneau, for Appellants.

Heather Kendall-Miller , Native American Rights Fund, Anchorage, Lloyd B. Miller , Sonosky, Chambers, Sachse, Miller & Munson, LLP, Anchorage, and Andy Harrington , Alaska Legal Services Corporation, Fairbanks, for Appellees.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and CHRISTEN, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

In this case we revisit ripeness and tribal sovereignty decisions intersecting in a dispute between the State of Alaska and a number of Alaska Native tribes. Procedurally, we are asked whether the narrowed view of ripeness announced in Brause v. State, Department of Health & Social Services1 and recently applied in State v. ACLU of Alaska

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