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STURGEON v. FROST

No. 13-36165.

872 F.3d 927 (2017)

John STURGEON, Plaintiff-Appellant, v. Herbert FROST, in his official capacity as Alaska Regional Director of the National Park Service; Greg Dudgeon; Andee Sears; Ryan Zinke, Secretary of the Interior; Michael Reynolds, in his official capacity as Acting 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 2, 2017.

Attorney(s) appearing for the Case

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

Elizabeth Ann Peterson (argued), Vivian H.W. Wang , Dean K. Dunsmore , David C. Shilton , and Andrew C. Mergen , Attorneys; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; F. Christopher Bockmon and Joseph P. Darnell , Office of the Solicitor, United States Department of the Interior, Anchorage, Alaska; Jason Waanders , Office of the Solicitor, United States Department of the Interior, Philadelphia, Pennsylvania; for Defendants-Appellees.

Ruth Botstein (argued), Assistant Attorney General; Jahna Lindemuth , Attorney General; State of Alaska Department of Law, Anchorage, Alaska; Janell M. Hafner , Assistant Attorney General, State of Alaska Department of Law, Juneau, Alaska; for Amicus Curiae State of Alaska.

Heather R. Kendall Miller and Matthew N. Newman , Native American Rights Fund, Anchorage, Alaska; Robert T. Anderson , University of Washington School of Law, Seattle, Washington; Lloyd B. Miller , Sonosky Chambers Sachse Miller & Munson, Anchorage, Alaska; Riyaz A. Kanji , Kanji & Katzen PLLC, Ann Arbor, Michigan; for Amici Curiae Mentasta Traditional Council, Village of Dot Lake, Tanana Chiefs Conference, Kenaitze Indian Tribe, Organized Village of Saxman, and Chugachmiut and Nora David.

James D. Linxwiler and Josh Van Gorkom , Guess & Rudd P.C., Anchorage, Alaska, for Amici Curiae Ahtna, Inc.; Aleut Corp.; Bristol Bay Native Corp.; Calista Corp.; Doyon, Ltd.; Nana Regional Corp.; Gana-A' Yoo, Ltd.; and Tihteet' Aii, Inc.

Katherine Strong and Valerie Brown , Trustees for Alaska, Anchorage, Alaska; Thomas E. Meacham , Anchorage, Alaska; Donald B. Ayer , Jones Day, Washington, D.C.; for Amici Curiae National Parks Conservation Association, Defenders of Wildlife, Wilderness Society, American Rivers, Center for Biological Diversity, Sierra Club, Wilderness Watch, Denali Citizens Council, Copper Country Alliance, Alaska Quiet Rights Coalition, Northern Alaska Environmental Center, Friends of Alaska National Wildlife Refuges, and Alaska Wilderness League.

Concurrence by Judge Nguyen.

OPINION

John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that;1 the federal government is not. Sturgeon's case turns on which entity — state or federal — gets to decide the matter. On remand...

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