FRIENDS OF ALASKA NAT'L WILDLIFE v. HAALAND

Nos. 20-35721, 20-35727, 20-35728.

29 F.4th 432 (2022)

FRIENDS OF ALASKA NATIONAL WILDLIFE REFUGES; The Wilderness Society; Defenders of Wildlife; National Audubon Society; Wilderness Watch; Center for Biological Diversity; National Wildlife Refuge Association; Alaska Wilderness League; Sierra Club, Plaintiffs-Appellees, v. Debra HAALAND, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; United States Fish and Wildlife Service, Defendants-Appellants, and King Cove Corporation; Agdaagux Tribe of King Cove; Native Village of Belkofski; State of Alaska, Intervenor-Defendants. Friends of Alaska National Wildlife Refuges; The Wilderness Society; Defenders of Wildlife; National Audubon Society; Wilderness Watch; Center for Biological Diversity; National Wildlife Refuge Association; Alaska Wilderness League; Sierra Club, Plaintiffs-Appellees, v. Debra Haaland, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; United States Fish and Wildlife Service, Defendants, State of Alaska, Intervenor-Defendant, and King Cove Corporation; Agdaagux Tribe of King Cove; Native Village of Belkofski, Intervenor-Defendants-Appellants. Friends of Alaska National Wildlife Refuges; The Wilderness Society; Defenders of Wildlife; National Audubon Society; Wilderness Watch; Center for Biological Diversity; National Wildlife Refuge Association; Alaska Wilderness League; Sierra Club, Plaintiffs-Appellees, v. Debra Haaland, in her official capacity as Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; United States Fish and Wildlife Service, Defendants, King Cove Corporation; Agdaagux Tribe of King Cove; Native Village of Belkofski, Intervenor-Defendants, and State of Alaska, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2022.


Attorney(s) appearing for the Case

Michael T. Gray (argued), David Gunter , and Davené D. Walker , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; United States Department of Justice; Environment and Natural Resources Division; Jacksonville, Florida; Kenneth M. Lord , Attorney, United States Department of the Interior, Anchorage, Alaska; for Defendants-Appellants.

Steven W. Silver , Robertson, Monagle, and Eastaugh, PC, Reston, Virginia; James F. Clark , Law Offices of James F. Clark, Juneau; for Intervenor-Defendants/Intervenor-Defendants-Appellants King Cove Corporation, Agdaagux Tribe of King Cove, and Native Village of Belkofski.

Sean Lynch (argued) and Mary Hunter Gramling , Assistant Attorneys General; Clyde "Ed" Sniffen, Jr. , Acting Attorney General; Office of the Alaska Attorney General, Juneau, Alaska, for Intervenor-Defendant/Intervenor-Defendant-Appellant State of Alaska.

Bridget Psarianos (argued) and Brook Brisson , Trustees for Alaska, Anchorage, Alaska, for Plaintiffs-Appellees.

Dissent by Judge Wardlaw.


OPINION

Several environmental organizations challenge a land-exchange agreement between the Secretary of the Interior and King Cove Corporation, an Alaska Native village corporation. King Cove Corporation wishes to use the land it will obtain in the exchange to build a road through the Izembek National Wildlife Refuge...

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