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NATIVE VILLAGE OF EYAK v. BLANK

No. 09-35881.

688 F.3d 619 (2012)

NATIVE VILLAGE OF EYAK; Native Village of Tatitlek; Native Village of Chenega; Native Village of Nanwalek; Native Village of Port Graham, Plaintiffs-Appellants, v. Rebecca BLANK, Acting Secretary of Commerce, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2012.

Attorney(s) appearing for the Case

Natalie A. Landreth (argued), Native American Rights Fund, Anchorage, AK; Goriune Dudukgian , Alaska Legal Services Corp., Anchorage, AK; Richard de Bobo , Robin Wechkin , Susan Acquista and Clive McClintock, Hogan & Hartson, LLP, Los Angeles, CA, for the appellants.

Ignacio S. Moreno , Assistant Attorney General, Environment & Natl. Resources Div.; Brian McLachlan , E. Ann Peterson , David C. Shilton (argued), United States Department of Justice, Washington, D.C.; Demian C. Schane , NOAA Office of General Counsel, Juneau, AK, for the appellees.

PER CURIAM Opinion; Dissent by Judge W. FLETCHER.

OPINION

PER CURIAM:

The Alaskan Native Villages of Eyak, Tatitlek, Chenega, Nanwalek and Port Graham ("Villages") assert that, beginning thousands of years before European contact and continuing through modern times, their members fished, hunted and otherwise exploited portions of the Outer Continental Shelf ("OCS") in the Gulf of Alaska. Based on this history, the Villages claim they possess non-exclusive aboriginal...

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