STURGEON v. MASICA

Nos. 13-36165, 13-36166.

768 F.3d 1066 (2014)

John STURGEON, Plaintiff-Appellant, State of Alaska, Plaintiff-Intervenor, v. Sue MASICA, in her official capacity as Alaska Regional Director of the National Park Service; Greg Dudgeon; Andee Sears; Sally Jewell, Secretary of the Interior; Jonathan Jarvis, in his official capacity as Director of the National Park Service; The National Park Service; The United States Department of the Interior, Defendants-Appellees. State of Alaska, Intervenor-Plaintiff-Appellant, and John Sturgeon, Plaintiff, v. Sue Masica, in her official capacity as Alaska Regional Director of the National Park Service; Greg Dudgeon; Andee Sears; Sally Jewell, Secretary of the Interior; Jonathan Jarvis, in his official capacity as Director of the National Park Service; The National Park Service; The United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2014.


Attorney(s) appearing for the Case

Matthew T. Findley (argued) and Eva R. Gardner , Ashburn & Mason, P.C., Anchorage, AK; Douglas Pope , Pope & Katcher, Anchorage, AK, for Plaintiff-Appellant John Sturgeon.

Jeanie Ann Nelson (argued), Assistant Attorney General, State of Alaska, Department of Law, Anchorage, AK, for Intervenor-Plaintiff-Appellant, State of Alaska.

Elizabeth Ann Peterson (argued), Andrew C. Mergen , David C. Shilton , Dean K. Dunsmore , Vivian H.W. Wang , and Sam Hirsch , Acting Assistant Attorney General, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Jason Waanders , United States Department of the Interior, Office of the Solicitor, Philadelphia, PA; F. Christopher Bockmon , United States Department of the Interior, Office of the Solicitor, Anchorage, AK, for Defendants-Appellees.

Jahna M. Lindemuth and Katherine Demarest , Dorsey & Whitney LLP, Anchorage, AK, for Amicus Curiae Cook Inlet Region, Inc., Arctic Slope Regional Corp., Koniag, Inc., Chickaloon Moose Creek Native Association, Inc., Knikatnu, Inc., Ninilchik Natives Association, Inc., Salamatof Native Association, Inc., Seldovia Native Association, Inc., and Tyonek Native Corp.

James D. Linxwiler and Josh Van Gorkom , Guess & Rudd P.C., Anchorage, AK, for Amicus Curiae native corporations.

Katherine Strong and Valerie Brown , Trustees for Alaska, Anchorage, AK; Thomas E. Meacham , Anchorage, AK, for Amicus Curiae National Parks Conservation Association.

Before: JEROME FARRIS, DOROTHY W. NELSON, and JACQUELINE H. NGUYEN, Circuit Judges.


OPINION

NGUYEN, Circuit Judge:

John Sturgeon ("Sturgeon") challenges the National Park Service's ("NPS") enforcement of a regulation banning the operation of hovercrafts on the Nation River, part of which falls within the Yukon-Charley Rivers National Preserve. The ban prevented Sturgeon from using his personal hovercraft on his moose hunting trips on the Nation River. The State of Alaska intervened, challenging NPS's authority to require its researchers...

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